THE  NAVY ACT, 1957 

______ 

ARRANGEMENT  OF SECTIONS 

______ 

CHAPTER  I 

PRELIM INARY 

SECTIONS 

1. Short title  and commencement. 

2. Persons subject to naval law. 

3. Definitions. 

4. Fundamental rights to apply to persons subject to naval law with modifications. 

CHAPTER II 

THE NAVAL FORCES 

5. Power of Central Government to raise and maintain  naval forces.  

CHAPTER III 

SPECIAL PROVISIONS RELATING TO DISCIPLINE IN CERTAIN CASES 

6. Provision  respecting discipline  of persons under engagement to serve Central Government. 

7. Relations between the members of the Navy, Army and Air Force acting together. 

8. Provision  respecting discipline  of master of merchant vessel under convoy. 

CHAPTER IV 

COM M ISSIONS, APPOINTMENTS AND ENROLM ENTS 

  9. Eligibility  for appointment  or enrolment. 

10. Commissions  and appointments. 

11. Enrolment. 

12. Validity  of enrolment. 

13. Oath of allegiance. 

CHAPTER V 

CONDITIONS OF SERVICE 

14. Liability  for service of officers and sailors. 

15. Tenure of service of officers and sailors. 

16. Discharge on expiry of engagement. 

17. Provisions  as to discharge. 

18. Saving of powers of dismissal  by naval tribunals. 

19. Restrictions respecting right to form associations,  freedom of speech, etc. 

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CHAPTER VI 

SERVICE  PRIVILEGES 

SECTIONS 

20. Immunity  from attachment. 

21. Immunity  from arrest for debt. 

22. Immunity  of persons attending court-martial or disciplinary  court from arrest. 

23. Remedy of aggrieved persons. 

24. Priority  of hearing of cases concerning persons in the naval service. 

25.  Right  of  the  Chief  of  the  Naval  Staff  or  commanding  officers  to  obtain  copies  of  judgments  or 

orders made by a criminal  court. 

26. Saving of rights and privileges  under other laws. 

CHAPTER VII 

PROVISIONS AS TO PAY, PENSION, ETC., AND M AINTENANCE OF FAMILIES 

27. Deductions from pay, etc., not to be made unless authorized. 

28. Deductions from pay and allowances of officers. 

29. Deductions from pay and allowances of sailors. 

30. Deductions awarded by naval tribunals. 

31. Liability  for maintenance of wife and children. 

32. Limit  of certain deductions. 

33. Remission  of deductions. 

CHAPTER VIII 

ARTICLES OF WAR 

34. Misconduct by officers or persons in command. 

35. Misconduct by persons other than those in command. 

36. Delaying or discouraging  action or service commanded. 

37. Penalty for disobedience  in action. 

38. Penalty for spying. 

39. Correspondence, etc., with the enemy. 

40. Improper communication  with the enemy. 

41. Deserting post and neglect of duty. 

42. Mutiny  defined. 

43. Punishment for mutiny. 

44. Persons on board ships or aircraft seducing naval personnel from allegiance. 

45. Striking  superior officers. 

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SECTIONS 

46. Ill-treating  subordinates. 

47. Disobedience and insubordination. 

48. Quarrelling,  fighting  and disorderly  behavior. 

49. Desertion. 

50. Inducing  person to desert. 

51. Breaking out of ship and absence without leave.  

52. Drunkenness. 

53. Uncleanness or indecent acts. 

54. Cruelty and conduct unbecoming  the character of an officer. 

55. Losing ship  or aircraft. 

56. Offences by officers in  charge of convoy. 

57. Taking unauthorised  goods on board ship. 

58. Offences in respect of property. 

59. Arson. 

60. Falsifying  official  documents and false declarations. 

61. Malingering,  etc. 

62. Penalty for endeavouring  to stir up disturbance on account of unwholesomeness of victuals or 

other just grounds. 

63. Offences in respect of papers relating to prize. 

64. Offences in respect of price. 

65. Offences in respect of persons on board a prize ship. 

66. Unlawful taking of ransoming  a prize. 

67. Breaking bulk  on board a prize ship. 

68. Violation  of the Act, regulations  and orders. 

69. Offences in relation to Court-martial. 

70. Fraudulent entry. 

71. Escape from custody. 

72. Failure to assist in detention of offenders. 

73. Penalty for failure to attend by members of reserve forces when called up. 

74. Offences against good order and naval discipline. 

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SECTIONS 

75. Attempts. 

76. Abetment of offences. 

77. Civil  offences. 

78. Jurisdiction  as to place and offences. 

79. Jurisdiction  as to time. 

80. Trial after a person ceases to be subject to naval law. 

CHAPTER IX 

PROVISIONS AS TO PUNISHM ENTS 

81. Punishments. 

82. Provisions  as to award of punishment. 

CHAPTER X 

ARREST 

83. Power to issue warrants of arrest. 

84. Arrest without warrant. 

85. Procedure and conditions  of naval custody. 

86. Investigation  after arrest. 

87. Duty to receive or keep in custody. 

88. Procedure before trial. 

89. Provost-marshals. 

CHAPTER XI 

CHARGE 

90. Joinder of charges. 

91. Acts amounting  to different offences. 

92. Joinder of accused person 

CHAPTER XII 

AUTHORITIES HAVING POWER TO AWARD PUNISHM ENTS 

93. Power of court-martial and commanding  officers to try offences. 

94. Power of Central Government, Chief of the Naval Staff and other officers to impose forfeiture of 

time or seniority. 

95. Disciplinary  Courts when may be constituted. 

4 

 
SECTIONS 

96. Constitution  and procedure of disciplinary  courts. 

97. Constitution  of courts-martial. 

CHAPTER XIII 

PROCEDURE 

Procedure of courts-martial 

 98. Where courts-martial to be held. 

 99. Trial judge advocate. 

100. Courts-martial  to be public. 

101. Commencement of proceedings. 

102. Objections  to members. 

103. Further objections. 

104. Administering  oath or affirmation. 

105. Arraignment. 

106. Opening  of prosecution  case. 

107. Calling  of prosecution witness not in the original  list. 

108. Swearing of interpreter and shorthand-writer. 

109. Objection  to interpreter or shorthand-writer. 

110. Swearing of witnesses. 

111. Plea of no case and defence of accused. 

112. Adjournment  to view. 

113. Summing  up by the trial  judge advocate. 

114. Duties of the trial judge advocate. 

115. Duties of the court. 

116. Retirement to consider finding. 

117. Announcement of the finding. 

118. Drawing up of the finding. 

119. Evidence of character and previous convictions. 

120. Consideration  of the sentence. 

121. Announcement of the sentence. 

122. Adjournment. 

123. Provisions  relating to dissolution  of courts-martial. 

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SECTIONS 

124. Ascertaining the opinion  of the court. 

125. Finding  that the offence was committed with intent involving  less degree of punishment. 

126. Alternative findings. 

127. Finding  lesser offence proved on charge of greater offence. 

128. Transmission  of proceedings to the Judge Advocate General of the Navy. 

129. Right  of accused to copy of proceedings and sentence. 

Rules as to evidence 

130. Application  of the Evidence Act. 

131. Accused competent witness for defence. 

132. Judicial  notice. 

133. Presumption as to certain documents. 

134. Summoning  of witnesses. 

135. Commissions  for examination  of witnesses. 

136. Examination  of witnesses on commission. 

137. Power to summon and examine material witnesses. 

Compensation to aggrieved persons out of fine 

138. Power of court to pay compensation out of fine. 

Power of courts-martial respecting contempt, etc 

139. Summary punishment  for contempt of court person subject to naval law. 

140. Summary punishment  for contempt of court by person not subject to naval law. 

141. Powers of court-martial when certain offences are committed by persons not subject to                 

naval law. 

142. Powers of courts martial and disciplinary  courts in relation  to proceedings under this Act. 

Lunacy of accused 

143. Accused found insane during  trial. 

144. Lunacy of the accused at the time of offence. 

Disposal of property 

145. Disposal of property pending  trial. 

146. Disposal of property regarding which offence is committed. 

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CHAPTER XIV 

EXECUTION OF SENTENCES 

SECTIONS 

147. Form of sentence of death. 

148. Interim custody until  execution of sentence of death. 

149. Execution  of sentences of death. 

150. Place of imprisonment  and detention. 

151. Commencement of sentence. 

152. Imprisonment  of offender already under sentence. 

153. Change of place of confinement. 

154. Discharge or removal of prisoners. 

155. Time of detention in naval custody. 

156. Removal of insane prisoners. 

157. Naval prisons and naval detention  quarters. 

158. Execution  of sentence of fine. 

159. Power to make regulations  in respect of naval prisons and detention  quarters. 

CHAPTER XV 

JUDICAIL REVIEW OF COURTS-M ARTIAL PROCEEDINGS 

160. Judicial  review by the Judge Advocate General of the Navy. 

161. Consideration  by the Chief of the Naval Staff. 

CHAPTER XVI 

MODIFICATIONS OF FINDINGS AND SENTENCES, PARDONS AND COM MUTATION                                   

REM ISSION AND SUSPENSION OF SENTENCES 

162. Petitions to the Central Government or Chief of the Naval Staff against findings  or sentences. 

163. Powers of Central Government and the Chief of the Naval Staff in respect of findings  and 

sentences. 

164. Suspension  of sentences. 

CHAPTER XVII 

OFFENCES IN RELATION TO COURTS-M ARTIAL, DISCIPLINARY COURTS AND PRISONS 

165. Offences by persons not subject to naval law in relation to courts-martial and disciplinary  courts. 

166. Penalties for aiding  escape or attempt to escape of prisoners and for breach of prison regulations. 

167. Penalty as regards gaolers, etc. 

7 

 
 
JUDGE ADVOCATE GENERAL OF THE NAVY AND OFFICERS OF HIS DEPARTM ENT 

CHAPTER XVIII 

SECTIONS 

168. Appointment  of the Judge Advocate General of the Navy and his subordinate  officers. 

169. Functions  of the Judge Advocate General of the Navy. 

170. Discharge of functions  of the Judge Advocate General of the Navy in his absence. 

DISPOSAL OF THE PRIVATE PROPERTY OF PERSONS  DECEASED,  M ISSING, ETC. 

CHAPTER XIX 

171. Disposal of property of deceased sailors. 

172. Disposal of property of deceased officers. 

173. Decision of questions as to ship and service debts and other debts in ship  or quarters. 

174. Nature of the powers of commanding  officer or Committee of Adjustment. 

175. Powers of Central Government to hand over estate of deceased persons to the Administrator-

General. 

176. Disposal of surplus by prescribed persons. 

177. Disposal of effects not converted into money. 

178. Termination  of liability  of commanding  officer, Committee,  prescribed person and the Central 

Government. 

179. Saving  of rights of representative. 

180. Application  of sections 171 to 179 to persons of unsound mind. 

181. Appointment  of Standing  Committee of Adjustment in certain cases. 

182. Exercise of powers by other persons. 

183. Forfeiture of effects for absence without leave. 

CHAPTER XX 

REGULATIONS 

184. Power to make regulations. 

184A. Power to make regulations  with retrospective effect. 

185. Regulations  to be laid before Parliament. 

CHAPTER XXI 

REPEALS AND SAVINGS 

186. Repeals. 

187. Provisions  as to existing  naval forces, appointments,  etc. 

CHAPTER XXII 

TRANSITORY PROVISIONS 

188. Power of officers of the Royal Navy. 

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THE  NAVY ACT, 1957 

ACT NO. 62 OF 1957 

An  Act to consolidate  and amend  the law  relating  to  the Government  of  the Indian  Navy. 

BE it enacted by Parliament in the Eighth  Year of the Republic of India as follows:— 

[27th December, 1957.] 

CHAPTER  I 

PRELIM INARY 

1. Short title and commencement.—(1) This Act may be called the Navy Act, 1957. 

(2)  It  shall  come  into  force  on  such  date1 as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Persons subject to naval law.—(1) The following persons shall be subject to naval law  wherever 

they may be, namely:— 

(a) every person belonging to the Indian Navy during the time that he is liable for service under 

this Act; 

(b) every person belonging  to the Indian Naval Reserve Forces when he is— 

(i) on active service; or 

(ii) in or on any property of the naval service including naval establishments, ships and other 

vessels, aircraft, vehicles and armouries; or 

(iii) called up for training or undergoing training  in pursuance of regulations made under this 

Act, until  he is duly  released from his training;  or 

(iv) called up  into actual service in the Indian Navy in pursuance of regulations made under 

this Act, until  he is duly  released therefrom; or 

(v) in uniform; 

(c) members of the regular Army and the Air Force when embarked on board any ship or aircraft 

of the Indian  Navy, to such extent and subject to such conditions  as may be prescribed; 

(d)  every  person  not  otherwise  subject  to  naval  law,  who  enters  into  an  engagement  with  the 

Central Government under section 6; 

(e)  every  person  belonging  to  any  auxiliary  forces  raised  under  this  Act,  to  such  extent  and 

subject to such conditions  as may be prescribed; and 

(f) every person who, although he would  not otherwise be subject to naval  law,  is by any other 
Act or during active service by regulations made under this Act in this behalf made subject to naval 
law, to such extent and subject to such conditions  as may be prescribed. 

(2) The following  persons shall  be deemed to be persons subject to naval law, namely:— 

(a) every person ordered to be received, or being a passenger, on board any ship or aircraft of the 

Indian Navy, to such extent and subject to such conditions  as may be prescribed; 

(b)  every  person  sentenced  under  this  Act  to  imprisonment  or  detention,  during  the  term  of  his 
sentence,  notwithstanding  that  he  is  discharged  or  dismissed  with  or  without  disgrace  from  naval 
service or would otherwise but for this provision  cease to be subject to naval law. 

1. 1st  January,  1958,  vide  notification  S.R.O.  11(E),  dated  31st  December,  1957,  see  Gazette  of  India,  Extraordinary ,  1958,              

Part II, s. 4(ii) and Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch. (w.e.f. 1-2-1965). 

9 

 
                                                                 
 
3. Definitions.—In this Act, unless the context otherwise requires,— 

(1) “active service” means service or duty— 

(a) during the period of operation of a Proclamation of Emergency issued under clause (1) of 

article 352 of the Constitution;  or 

(b)  during  any  period  declared  by  the  Central  Government  by  notification  in  the  Official 
Gazette as a period of active service with reference to any area in which any person or class of 
persons subject to naval law may be serving; 

(2)  “Chief  of  the  Naval  Staff  means  the  flag  officer appointed  by  the President  as  Chief  of  the 
Naval Staff or in his absence on leave or otherwise an officer appointed by the Central Government to 
officiate as such or in the absence of such officiating appointment the officer on whom the command 
devolves in accordance with regulations  made under this Act; 

(3) “civil  offence” means an offence triable by a Court of ordinary  criminal  jurisdiction  in India; 

(4) “civil prison” means any jail or place used for the detention of any criminal prisoner under the 

Prisons Act, 1894 (9 of 1894),  or under any other law for the time being  in force; 

(5) “commissioned officer” means a person holding a commission from the President in Indian 

Navy or the Indian Naval Reserve Forces; 

(6) “Court-martial” means a Court-martial constituted under this Act; 

(7) “enemy” includes all armed rebels, armed mutineers, armed rioters and pirates and any person 

in arms against whom it is the duty of any person subject to naval law to act; 

(8) “flag officer” means an officer of the rank of Admiral of the Fleet, Admiral, Vice-Admiral or 

Rear-Admiral; 

(9) “Indian Naval Reserve Forces” means the naval reserve forces raised and maintained by the 

Central Government; 

(10)  “Indian  Navy”  means  the  regular  naval  forces  raised  and  maintained  by  the  Central 

Government; 

(11) “Indian waters”, for the purposes of sections 31, 97 and 99, means the seas extending from 

the shores of India to such limits  as may be prescribed; 

(12) “naval custody” means the arrest or confinement of a person in the prescribed manner or in 

accordance with the usages of the naval service, and includes  military  or air force custody; 

1[(12A) “naval establishment” means an establishment belonging to, or under the control of, the 

Indian Navy whether within  or without India;] 

(13) “naval offence” means any of the offences under sections 34 to 76; 

(14) “naval service” means the naval organisation  of India; 

(15)  “naval  tribunal”  means  a  Court-martial  constituted  under  section  97  and  includes  a 
disciplinary  Court  constituted  under  section  96,  a  commanding  officer  or  other  officer  or  authority 
exercising powers of punishment  under this Act; 

2[(16) “Officer” means a commissioned  officer and includes— 

(a) a subordinate officer other than a petty officer; 

(b) a commissioned  officer re-employed as such;] 

3[(17) “petty officer” means a sailor rated as such and includes a chief petty officer and a master 

chief petty officer;] 

1. Ins. by Act 53 of 1974, s. 3 (w.e.f. 16-12-1974). 
2. Subs. by Act 23 of 2005, s. 2. for clause (16) (w.e.f. 23-6-2005).  
3. Subs. by Act 53 of 1974, s. 3, for clause (17) (w.e.f. 16-12-197). 

10 

 
 
 
                                                                 
(18) “prescribed” means prescribed by regulations  made under this Act; 

(19) “provost-marshal” means a person appointed as such under section 89 and  includes any of 
his deputies or assistants or any other person lawfully  exercising authority  under him or on his behalf; 

(20) 1[“sailor”] means a person in the naval service other than an officer; 

(21) “ship”, except  in the expression  “on board a ship”,  includes an establishment of the Indian 

Navy commissioned  as a ship in accordance with the custom of the navy; 

(22) “subject to naval law” means liable  to be arrested and tried under this Act for any offence; 

(23) “subordinate officer” means a person appointed as an acting sub-lieutenant, a midshipman or 
a cadet in any branch of the Indian Navy or the Indian Naval Reserve Forces, but does not include a 
cadet whilst under training  in a joint  service institution; 

(24) “superior officer”, when used in relation to a person subject to naval law, means any officer 
or petty officer who is senior to that person under regulations made under this Act and any officer or 
petty  officer,  who  though  not  so  senior  to  that  person,  is  entitled  under  this  Act  or  the  regulatio ns 
made thereunder to give a command to that person, and includes, when such person is serving under 
prescribed  conditions,  an  officer,  junior  commissioned  officer,  warrant  officer,  noncommissioned 
officer of the regular Army or the Air Force of higher relative rank to  that person or entitled under 
this Act or the regulations  made thereunder to give a command to that person; 

(25) all words and expressions  used but  not defined  in this Act but  defined  in the Indian Penal 

Code (45 of 1860), shall  have the meanings respectively assigned to them in  that Code. 

4. Fundamental rights to apply to persons subject to naval law with modifications.—The rights 
conferred  by  Part  III  of  the  Constitution  in  their  application  to  persons  subject  to  naval  law  shall  be 
restricted or abrogated to the extent provided  in this Act. 

CHAPTER II 

THE NAVAL FORCES 

5. Power of Central Government to raise and maintain naval  forces.—The Central Government 

may raise and maintain  a regular naval force and also reserve and auxiliary  naval forces. 

CHAPTER III 

SPECIAL PROVISIONS RELATING TO DISCIPLINE IN CERTAIN CASES 

6.  Provision  respecting  discipline  of  persons  under  engagement 

to  serve  Central      

Government.—(1) If any person not otherwise subject to naval  law enters into an engagement  with the 
Central Government to serve,— 

(a) in a particular ship; or 

(b)  in  such  particular  ship  or  in  such  ships  as  the  Central  Government,  the  Chief  of  the  Naval 

Staff, or the prescribed officer may, from time to time, determine; 

and agrees to become subject to naval law upon entering into the engagement, that person shall, so long as 
the engagement remains in force and notwithstanding that for the time being he may not be serving in any 
ship,  be subject to naval law. 

(2) The Central Government may, by order, direct that, subject to such exceptions as may in particular 
cases  be  made  by  or  on  behalf  of  the  Chief  of  the  Naval  Staff,  persons  of  any  such  class  as  may  be 
specified  in the order shall, while being subject to naval  law by  virtue of this section,  be deemed to be 

1. Subs. by Act 53 of 1974, s. 2, for “seaman” (w.e.f. 16-12-1974). 

11 

 
                                                                 
 
officers,  petty  officers  or  other  1[sailors],  as  the  case  may  be,  for  the  purposes  of  this  Act  or  of  such 
provisions  of this Act as may be so specified. 

7. Relations between the members of the Navy, Army and Air Force  acting together.—(1) When 
members of the regular Army and the Air Force or of either of these forces are serving with members of 
the Indian Navy or Indian Naval Reserve Forces under prescribed conditions, then those members of the 
regular Army or the Air  Force shall exercise such command, if any, and be subject to such discipline as 
may be prescribed. 

(2) Nothing in sub-section (1) shall be deemed to authorise the exercise of powers of punishment by 
members  of  the regular  Army  or  the Air  Force  over  members  of  the  Indian  Navy  or  the  Indian  Naval 
Reserve Forces, except as provided  in clause (e) of sub-section (3) of section  93  1[or in such cases and 
subject to such conditions  as may be prescribed]. 

8. Provision respecting discipline of master of merchant vessel under convoy.—(1) Every master 
or other person for the time being  in command of any merchant or other vessel comprised  in a convoy 
under the command of an officer of the Indian Navy shall obey, in all matters relating to the navigation or 
security  of  the  convoy,  any  directions  which  may  be  given  by  such  officer,  and  shall  take  such 
precautions for avoiding  the enemy as may be required by any such directions. 

(2) If any such directions are not obeyed, any such officer or any person acting under his orders may 
compel obedience by force of arms without being liable for any injury or  loss of life or any danger to or 
loss of property resulting  therefrom. 

CHAPTER IV 

COM M ISSIONS, APPOINTMENTS AND ENROLM ENTS 

9. Eligibility for appointment or enrolment.—(1) No person who is not a citizen of India shall be 
eligible for appointment or enrolment in the Indian Navy or the Indian Naval Reserve Forces except with 
the consent of the Central Government.  

Provided that nothing in this section shall render a person ineligible for appointment or enrolment in 

the Indian Navy or the Indian Naval Reserve Forces on the ground that he is a subject of Nepal. 

(2) No woman shall be eligible for appointment or enrolment in the Indian Navy or the Indian Naval 
Reserve Forces except in such department, branch or other body forming part thereof or attached thereto 
and  subject  to  such conditions  as  the  Central  Government  may,  by  notification  in  the  Official  Gazette, 
specify in this behalf. 

10.  Commissions  and  appointments.—(1)  Officers  other  than  subordinate  officers  shall  be 

appointed  by commission  granted by the President. 

(2) The grant of the commission shall be notified in the Official Gazette and such notification shall be 

conclusive proof of the grant of such commission. 

(3)  Subordinate  officers  shall  be  appointed  in  such  manner  and  shall  hold  such  rank  as  may  be 

prescribed. 

11. Enrolment.—(1) Save as otherwise provided  in this Act, the terms and conditions of service of 
2[sailors],  the  person  authorised  to  enrol  for  service as 2[sailors]  and  the  manner and  procedure  of such 
enrolment shall  be such as may be prescribed. 

(2) No person shall be enrolled as a 2[sailor] in the Indian Navy for a period exceeding 3[twenty years] 

in the first instance: 

1.  Ins by Act 53 of 1974, s. 4 (w.e.f. 16-12-1974). 
2. Subs. by  s. 2, ibid., for “seaman” (w.e.f. 16-12-1974). 
3. Subs. by Act 34 of 1987, s. 2, for “fifteen years” (w.e.f. 9-9-1987). 

12 

 
                                                                 
 
Provided that in the case of a minor the said period of 1[twenty years] shall be reckoned from the date 

on which he attains the age of seventeen. 

(3) Notwithstanding  anything  contained in any other law for the time being in force,— 

(a) the enrolment of any person under this Act shall be binding on him both during his minority 

and after he attains majority; 

(b) neither the parent or guardian of a minor duly enrolled under this Act nor any other person 
shall be entitled to claim custody of the said  minor as against the Central Government or any  of  its 
officers or other persons set over him. 

12.  Validity  of  enrolment.—Where a  person  after  his  enrolment  has  for a  period  of  three  months 
from the date of such enrolment been in receipt of pay as a 2[sailor], he shall be deemed to have been duly 
enrolled  and  shall  not  thereafter  be  entitled  to  claim  his  discharge  on  the  ground  of  any  irregularity  or 
illegality  in  his  engagement  or  any  other  ground  whatsoever;  and  if  within  the  said  three  months  such 
person claims his discharge, no such  irregularity or  illegality  or other ground shall, until such person  is 
discharged in pursuance of his claim, affect his position as a 2[sailor] in the naval service or invalidate any 
proceedings, act or thing  taken or done prior to his discharge. 

13. Oath of allegiance.—Every officer and every 2[sailor] shall, as soon as may be, after appointment 
or enrolment make and subscribe before the commanding officer of the ship to which he belongs, or the 
prescribed officer an oath or affirmation  in the following  form, that is to say:— 

“I.........................do         swear in the name of God 
                                                     Solemnly  affirm                that  I  will  bear  true  faith  and  allegiance  to  the 
Constitution of India as by law  established and that I will, as in duty bound, honestly and faithfully 
serve  in  the  naval  service and  go  wherever  ordered  by  sea,  land  or air,  and  that  I  will  observe  and 
obey all commands of the President and the commands of any superior officer set over  me, even to 
the peril of my life.”. 

CHAPTER V 
CONDITIONS OF SERVICE 

14.  Liability  for  service  of  officers  and  sailors.—(1)  Subject  to  the  provisions  of  subsection  (4), 
officers and  2[sailors] shall be liable to serve in the Indian Navy or the Indian Naval Reserve Forces, as 
the case may be, until they are duly discharged, dismissed, dismissed with disgrace, retired, permitted to 
resign, or released. 

(2)  No  officer  shall  be  at  liberty  to  resign  his  office  except  with  the  permission  of  the  Central 
Government  and  no  2[sailor]  shall  be  at  liberty  to  resign  his  post  except  with  the  permission  of  the 
prescribed officer. 

(3)  The  acceptance  of  any  resignation  shall  be  a  matter  within  the  discretion  of  the  Central 

Government or the officer concerned, as the case may be. 

(4) Officers retired or permitted to resign shall be liable to recall to naval service in an emergency in 
accordance  with  regulations  made  under  this  Act,  and  on  such  recall  shall  be  liable  to  serve  until  they 
have been duly discharged, dismissed,  dismissed with disgrace, retired, permitted to resign, or released. 

15.  Tenure  of  service  of  officers  and  sailors.—(1)  Every  Officer  and  2[sailor]  shall  hold  office 

during  the pleasure of the President. 

(2) Subject to the provisions  of this Act and the regulations  made thereunder,— 

(a)  the  Central  Government  may  3 [dismiss  or]  discharge  or  retire  from  the  naval  service  any 

officer or 2[sailor]; 

1. Subs. by Act 34 of 1987, s. 2, for “fifteen years” (w.e.f. 9-9-1987). 
2. Subs. by Act 53 of 1974, s. 2, for “seaman” (w.e.f. 16-12-1974). 
3.  Ins by s. 5, ibid. (w.e.f. 16-12-197). 

13 

 
                                                                 
 
(b)  the Chief  of  the  Naval  Staff  or any  prescribed  officer  may 1[dismiss  or]  discharge  from  the 

naval service any 2[sailor]. 

16. Discharge on expiry of engagement.—Subject to the provisions of section 18, a 2[sailor] shall be 

entitled  to be discharged at the expiration  of the term of service for which he is engaged unless— 

(a)  such expiration  occurs  during  active  service  in  which  case  he  shall  be  liable  to  continue  to 

serve for such further period as may be required by the Chief of the Naval Staff; or 

(b) he is re-enrolled in accordance with the regulations  made under this Act. 

17. Provisions as to discharge.—(1) A  2[sailor] entitled to be discharged under section 16 shall be 

discharged with all convenient speed and in any case within one month of his becoming  so entitled: 

Provided that where a 2[sailor] is serving overseas as the time he becomes entitled to be discharged he 
shall be returned to India for the purpose of being discharged with all convenient speed, and in any case 
within  three months of his becoming so entitled: 

Provided further that where such enrolled person serving oversea does not desire to return to India, he 

may be discharged at the place where he is at the time. 

(2) Every  2[sailor] discharged shall be entitled to be conveyed free of cost from any place he may be 

at the time to any place in India to which he may desire to go. 

(3) Notwithstanding anything contained in the preceding sub-sections, an enrolled person shall remain 

liable  to serve until  he is duly discharged. 

(4) Every  2[sailor] who is dismissed, discharged, retired, permitted to resign or released from service 
shall be furnished by the prescribed officer with a certificate in the language which is the mother tongue 
of such 2[sailor] and also in the English  language setting forth— 

(a) the authority  terminating  his service; 

(b) the cause for such termination;  and 

(c) the full  period of his service in the Indian Navy and the Indian  Naval Reserve Forces. 

18.  Saving of  powers of  dismissal  by  naval  tribunals.—Nothing  in  this  Chapter  shall  affect  the 
award by a naval tribunal of the punishment of dismissal with disgrace or dismissal from the naval service 
under this Act. 

19.  Restrictions  respecting  right  to  form  associations,  freedom  of speech, etc.—(1) No  person 

subject to naval law shall,  without the express sanction of the Central Government,— 

(a)  be a  member  of,  or  be  associated  in  any  way  with,  any  trade  union,  labour  union,  political 

association or with any class of trade unions,  labour unions  or political  associations, or 

(b) be a member of, or be associated in any way with, any other society, institution, association or 
organisation  that  is  not  recognised  as  part  of  the  Armed  Forces  of  the Union  or  is  not  of  a  purely 
social,  recreational or religious  nature. 

Explanation.—If any question arises as to whether any society, institution, association or organisation 
is of a purely social, recreational or religious nature, the decision of the Central Government thereon shall 
be final. 

(2)  No  person  subject  to  naval  law  shall  attend  or  address  any  meeting  or  take  any  part  in  any 
demonstration organised by any body of persons for any political purposes or for such other purposes as 
may be specified in this behalf by the Central Government. 

(3)  No  person  subject  to  naval  law  shall  communicate  with  the  press  or  publish  or  cause  to  be 
published any  book,  letter or other document having bearing on any naval, army or air force subject or 

1.  Ins by Act 53 of 1974, s. 5 (w.e.f. 16-12-1974). 
2. Subs. by s. 2, ibid., for “seaman” (w.e.f. 16-12-1974). 

14 

 
                                                                 
 
containing  any  fact  or  opinion  calculated  to  embarrass  the  relations  between  the  Government  and  the 
people  or  any  section  thereof  or  between  the  Government  and  any  foreign  country,  except  with  the 
previous sanction of the Central Government. 

(4) No person subject to naval law shall whilst he is so subject practise any profession or carry on any 

occupation,  trade or business without  the previous sanction of the Chief of the Naval staff. 

CHAPTER VI 
SERVICE  PRIVILEGES 

20.  Immunity  from  attachment.—The arms, clothes, equipments, accoutrements or necessaries of 
any  person  in  the  naval  service,  while  subject  to  naval  law,  shall  not  be  seized,  nor  shall  the  pay  and 
allowances or any part thereof of such person be attached under any process or direction issued by, or by 
the authority of, any court or public servant in respect of any claim, decree or order enforceable against 
him. 

21.  Immunity  from  arrest  for  debt.—(1)  No  person  in  the  naval  service  shall,  so  long  as  he  is 
subject to naval  law, be liable to be arrested for debt under any process or direction issued by, or by the 
authority  of, any Court or public  servant. 

(2) If any such person is arrested in contravention  of the provisions of sub-section (1), the court or 
public servant by whom or by whose authority such process or direction was issued shall on complaint by 
the person arrested or by his superior officer enquire into the case and if satisfied that the arrest was made 
in contravention of sub-section (1), shall make an order for the immediate discharge of the person arrested 
and may award of the complainant the costs of the complaint to be recoverable in the same manner as if 
such costs were awarded to him by a decree against the person at whose instance such process or direction 
was issued. 

(3) No court-fee shall be payable on a complaint made under sub-section (2) for recovery of the costs 

that may be awarded under that sub-section. 

22.  Immunity  of  persons  attending  court-martial  or  disciplinary  court  from  arrest.—(1)  No 
President  or  other  member  of a  court-martial  or  disciplinary  court,  no  judge,  advocate,  no  party  to  any 
proceeding  before  a  court-martial  or  disciplinary  court  or  no  advocate  or  agent  of  such  party,  and  no 
witness  acting  in  obedience  to  a  summons  to  attend  a  court-martial  or  disciplinary  court  shall,  while 
proceeding to, attending or returning from, a court-martial or disciplinary court, be  liable to arrest under 
any civil  or revenue process. 

(2) If any such person is arrested under any such process, he may be discharged by order of the court-

martial or disciplinary  court, as the case may be. 

23.  Remedy  of  aggrieved  persons.—(1)  If  an  officer  or 1[sailor]  thinks  that  he  has  suffered  any 
personal oppression,  injustice or other  ill-treatment at the hands of any superior officer, he may make a 
complaint  in accordance with the regulations  made under this Act. 

(2) The regulations referred to in sub-section (1) shall  provide for the complaint to be forwarded to 
the  Central  Government  for  its  consideration  if  the  complaint  is  not  satisfied  with  the  decision  on  his 
complaint. 

24. Priority of hearing  of cases concerning persons in  the naval service.—(1) On the presentation 
to any Civil or Revenue Court by or on behalf of any person in the naval service while subject to naval 
law of a certificate from the proper naval authority of leave of absence having been granted to or applied 
for  by  him  for  the  purpose  of  prosecuting  or  defending  any  suit  or  other  proceeding  in  such  court,  the 
Court shall, on the application of such person, arrange, so far as may be possible, for the hearing and final 
disposal  of such suit or other proceeding within  the period  of the leave so granted or applied  for. 

(2) The certificate from the proper naval authority shall state the first and last day of the leave granted 
or applied for and set forth a description of the case with respect to which the leave has  been granted or 
applied  for, and shall  be duly  signed and authenticated by such authority. 

(3)  No fee shall  be  payable  to  the  court  in  respect  of  the  presentation  of  any such certificate,  or  in 
respect of any application by or on behalf of any such person  for priority for the hearing of his case and 

1. Subs. by Act 53 of 1974, s. 2, for “seaman” (w.e.f. 16-12-1974). 

15 

 
                                                                 
 
every  such  certificate  duly  signed  and  authenticated  as  aforesaid  shall  be  conclusive  evidence  of  the 
correctness of the contents thereof. 

(4)  Where  the  court  is  unable  to  arrange  for  the  hearing  and  final  disposal  of  the  suit  or  other 
proceeding within the period of the leave granted or applied for as aforesaid, it shall record its reasons for 
having  been  unable  to  do  so,  and  shall  cause  a  copy  thereof  to  be  furnished  to  such  person  on  his 
application, without any payment whatever by him in respect either of the application for such copy or of 
the copy itself. 

(5) Every criminal court before which a case is pending against a person in the naval service, shall, so 

far as may be possible,  arrange for the early hearing and final  disposal  of such case. 

25. Right of the Chief of the Naval Staff or commanding officers to obtain copies of judgments 
or orders made by a criminal court.—A criminal court before which any proceedings have been taken 
against a person in the naval service while subject to naval law shall, on application by the Chief of the 
Naval Staff or the commanding officer of that person, grant copies of the judgment and final orders in the 
case free of cost and without  delay. 

26.  Saving  of  rights  and  privileges  under  other  laws.—The rights and privileges specified  in the 
preceding sections of this Chapter shall be  in addition to, and not  in derogation of, any other rights and 
privileges  conferred  on  persons  in  the  naval  service  while  subject  to  naval  law  or  on  members  of  the 
regular Army, Navy and Air Force generally  by any other law for the time being in force. 

PROVISIONS AS TO PAY, PENSION, ETC., AND M AINTENANCE OF FAMILIES 

CHAPTER VII 

27. Deductions from pay, etc., not to be made unless authorised.—No deductions other than those 
authorised by or under this or any other Act shall be made from the pay, pensions, gratuities, allowances 
and other benefits due to officers and 1[sailors] under any regulations  for the time being in force. 

28.  Deductions  from  pay  and  allowances  of  officers.—The  following  deductions  may  be  made 

from the pay and allowances of an officer without recourse to trial  by a naval tribunal,  namely:— 

(1) all pay and allowances  for everyday of absence without  leave unless an explanation  is given 
to  the  satisfaction  of  the  commanding  officer  for  such  absence and  approved  by  the  Chief  of  the 
Naval Staff:  

Provided that the officer is not dealt with by a naval tribunal  for the said absence; 

(2) all pay and allowances for everyday while he is in civil or naval custody or under suspension 
from  duty  on  a  charge  for  an  offence  of  which  he  is  afterwards  convicted  by  a  competent  naval 
tribunal  or Criminal  Court and sentenced to imprisonment; 

(3) all pay and allowances for everyday while he is in hospital on account of sickness certified by 
the  prescribed  medical  officer  to  have  been  caused  by  an  act  amounting  to  an  offence  punishable 
under this Act: 

Provided that such certificate is accepted by the Chief of the Naval Staff; 

(4)  any sum  required  to  make  good  the  pay and  allowances  of  any  person subject  to  naval  law 

which he has unlawfully  retained or refused to pay; 

(5) any sum required to make good any  loss,  damage or destruction of  Government property or 
property belonging to a naval  mess, band or  institution which after due investigation appears to the 
Central Government, the Chief of the Naval Staff or the prescribed officer to have been occasioned by 
the wrongful act or negligence on the part of the officer; 

1. Subs. by Act 53 of 1974, s. 2, for “seaman” (w.e.f. 16-12-1974). 

16 

 
                                                                 
 
(6)  any  sum  required  to  be  paid  for  the  maintenance  of  his  wife  or  legitimate  or  illegitimate 

children  under the provisions  of section 31; 

(7) any sum which after due investigation appears to the prescribed officer to be due to a service 

mess or canteen. 

29. Deductions from pay and allowances of sailors.—The following deductions may be made from 

the pay and allowances of a 1[sailor] without recourse to trial by a naval tribunal,  namely:— 

(1) all pay and allowances for everyday of absence without leave unless an explanation is given to 

the satisfaction of the commanding  officer for such absence: 

Provided that the 1[sailor] is not dealt with by a naval tribunal  for the said absence; 

(2) all pay and allowances for everyday he is in confinement on a charge for an offence of which 

he is afterwards convicted by a competent naval tribunal  or Criminal  Court; 

(3) all pay and allowances for everyday he is in  hospital on account of sickness certified by the 
prescribed medical  officer to have been caused by an act amounting to an offence punishable under 
this Act: 

Provided that such certificate is accepted by the Chief of the Naval Staff or the prescribed officer; 

(4) any sum required to make good any  loss, damage or destruction of any property which after 
due investigation appears to the Central Government or the Chief of the Naval Staff or the prescribed 
officer to have been occasioned by the wrongful  act or negligence on the part of the 1[sailor]; 

(5)  any  sum  required  to  be  paid  for  the  maintenance  of  his  wife  or  legitimate  or  illegitimate 

children  under the provisions  of section 31. 

30.  Deductions  awarded  by  naval  tribunals.—Deductions  may  be  made  from  the  pay  and 
allowances  of  an  officer  or 1[sailor]  in  respect  of  any  sentence  of fine,  forfeiture  or  mulcts  of  pay  and 
allowances awarded in pursuance of this Act by a naval tribunal. 

31.  Liability  for  maintenance of  wife  and  children.—(1) A  person  subject  to  naval  law  shall  be 
liable to maintain his wife and his legitimate or illegitimate children to the same extent as if he were not 
so  subject;  but  the  execution  or  enforcement  of  any  decree  or  order  for  maintenance  passed  or  made 
against  such  person  shall  not  be  directed  against  his  person  pay,  arms,  ammunition,  equipments, 
instruments or clothing. 

(2) Notwithstanding  anything  contained in sub-section (1),— 

(a) where it appears to the satisfaction of the Central Government or the Chief of the Naval Staff 
or the prescribed authority that a person subject to naval law has without reasonable cause deserted or 
left  in destitute circumstances his wife or any  legitimate child unable to maintain himself or has by 
reason  of  contracting  a  second  marriage  become  liable  to  provide  separate  maintenance  to  his  first 
wife; or 

(b) where any decree or order is passed under any law against a person who is, or subsequently 
becomes, subject to naval law for the maintenance of his wife or his legitimate or illegitimate children 
and a copy of the decree or order is sent to the Central Government or the Chief of the Naval Staff or 
the prescribed authority; 

the Central Government, or the Chief of the Naval Staff or the prescribed authority may direct a portion 
of  the  pay  of  the  person  so  subject  to  naval  law  to  be  deducted  from  such  pay and  appropriated  in  the 
prescribed  manner  towards  the  maintenance  of  his  wife  or children,  but  the  amount  deducted  shall  not 
exceed the amount fixed by the decree or order (if any) and shall not be at a higher rate than the rate fixed 
by regulation  made under this Act in this behalf: 

1. Subs. by Act 53 of 1974, s. 2, for “seaman” (w.e.f. 16-12-1974). 

17 

 
                                                                 
 
 
Provided that in the case of a decree or order for maintenance referred to in clause (b) no deduction 
from  pay  shall  be  directed  unless  the  Central  Government,  or  the  Chief  of  the  Naval  Staff  or  the 
prescribed  authority  is  satisfied  that  the  person  against  whom  such  decree  or  order  has  been  passed  or 
made, has had a reasonable opportunity of appearing, or has actually appeared either in person or through 
a duly appointed  legal practitioner, to defend the case before the Court by which the decree or order was 
passed or made. 

(3)  Where  arrears  of  maintenance  under  a  decree  or  order  referred  to  in  sub-section  (2)  have 
accumulated  while  the  person against  whom  the  decree  or  order  has  been  made  is  subject  to  naval  law 
whether or not deductions in respect thereof have been made from his pay under this section, no step for 
the  recovery  of  those arrears  shall  be  taken  in  any  Court  after  such  person  has  ceased  to  be  so subject 
unless the Court is satisfied that he has, since he ceased to be subject to naval law, the ability to pay the 
arrears or any part thereof and has failed to do so. 

(4) Notwithstanding anything contained  in any other law, where a proceeding for obtaining a decree 

or order for maintenance is started against a person subject to naval law,— 

(a) the court may send the process for service on that person to the commanding officer of the 

ship on which such person is serving or on the books of which he is borne; or 

(b) if, by reason of the ship being at sea or otherwise, it is impracticable for the court to send the 
process  to  the  commanding  officer,  the  Court  may,  after  not  less  than  three  weeks’  notice  to  the 
Central Government, send  it to a Secretary to that Government for transmission to the commanding 
officer for service on that person: 

Provided that such service shall not be valid unless there is sent along with the process such sum of 
money as may be prescribed to enable that person to attend the hearing of the proceeding and to return to 
his ship or quarters after such attendance. 

(5) If a decree or order is passed or made in the proceeding against the person on whom the process is 
served,  the  sum  sent  along  with  the  process  shall  be  awarded  as  costs  of  the  proceeding  against  that 
person. 

(6) No process in any proceeding under this section shall  be valid against a person subject to naval 

law if served on him after he is under orders for service at a foreign station or beyond Indian waters. 

(7)  The  production  of  a  certificate  of  the  receipt  of  the  process  purporting  to  be  signed  by  such 
commanding  officer  as  aforesaid  shall  be  evidence  that  the  process  has  been  duly  served,  unless  the 
contrary is proved. 

(8) Where by a decree or order a copy whereof has been sent to the Central Government or the Chief 
of the Naval Staff or the prescribed authority under clause (b) of sub-section (2), the person against whom 
the  decree  or  order  has  been  passed  or  made  is  directed  to  pay  as costs  any  sum  sent along  with  the 
process  [referred  to  in  the  proviso  to  sub-section  (4)],  the  Central  Government  may  pay  to  the  person 
entitled an amount in full satisfaction of that sum and the amount so paid by the Central Government shall 
be deemed to be a public demand recoverable from the person against whom the decree or order has been 
passed  or  made, and  without  prejudice  to any  other  mode  of  recovery,  may  be  recovered  by  deduction 
from his pay, in addition  to the deductions authorised by sub-section (2). 

(9)  Where  any  person  subject  to  naval  law  has  made  an  allotment  of  any  part  of  his  pay  and 
allowances for the benefit of his wife, that allotment shall not be discontinued or reduced until the Central 
Government  or  the  Chief  of  the  Naval  Staff  or  the  prescribed  authority  is  satisfied  that  the  allotment 
should  no longer be made or should  be reduced. 

(10) In this section, the expression “pay” includes all sums payable to a person subject to naval law in 
respect  of  his  services  other  than  allowances  in  lieu  of  lodgings,  rations,  provisions,  clothing  and 
travelling  allowances. 

32. Limit of certain deductions.—Except when the deductions are made under sub-sections (1), (2) 
and  (4)  of section  28  or  sub-sections  (1)  and  (2)  of  section  29,  the  total  deductions  from  the  pay  and 

18 

 
allowances  of  an  officer  or 1 [sailor]  shall  not  exceeded  in  any  one  month  one-half  of  his  pay  and 
allowances for that month. 

33.  Remission  of  deductions.—(1) Any  deduction  from  the  pay  and  allowances authorised  by  or 

under this Act may be remitted by the Chief of the Naval Staff in his discretion. 

(2)  Such  deduction  may  also  be  remitted  in  such  manner  and  to  such  extent  and  by  such  other 

authority  as may be prescribed. 

CHAPTER VIII 

ARTICLES OF WAR 

2[34. Misconduct by officers or persons in command.—Every flag officer, captain or other person 
subject  to  naval  law who,  being  in  command  of  any  ship,  vessel  or  aircraft  of  the  Indian  Navy,  or  any 
naval establishment— 

(a) fails to use his utmost exertions to bring into action any such ship, vessel or aircraft which it is 

his duty to bring into  action; or 

(b)  surrenders  any  such  ship,  vessel  or  aircraft  to  the  enemy  when  it  is  capable  of  being 

successfully defended or destroyed; or 

(c) fails to pursue the enemy whom it is his duty to pursue or to assist to the utmost of his ability 

any friend whom it is his duty to assist; or 

(d) in the course of any action by or against the enemy improperly withdraws from the action or 
from his station or fails  in his own person and according to his rank to encourage the persons under 
his command to fight  courageously; or 

(e) surrenders  any such  naval establishment  or  any  part  of such an  establishment  to  the  enemy 

when it is capable of being successfully defended or when it is his duty to cause it to be destroyed, 

shall,— 

(a) if such act is committed with intent to assist the enemy or from cowardice, be punished with 

death or such other punishment  as is hereinafter mentioned;  and 

(b) in any other case, be punished with imprisonment for a term which may extend to seven years 

or  such other punishment  as is hereinafter mentioned. 

35. Misconduct  by  persons other  than  those  in  command.—Every  person  subject  to  naval  law 
who, not being in command of any naval establishment or any ship, vessel or aircraft of the Indian Navy, 
fails  when  ordered  to  prepare  for action  by  or  against  the enemy,  or  during  any  such  action,  to  use  his 
utmost exertions to carry the lawful orders of his superior officers into execution shall,— 

(a) if such act is committed with intent to assist the enemy, be punished with death or such other 

punishment  as is hereinafter mentioned; and 

(b) in any other case, be punished with imprisonment for a term which may extend to seven years 

or such other punishment  as is hereinafter mentioned. 

36. Delaying  or  discouraging  action or service commanded.—Every person subject to naval  law 
who  wilfully  delays  or  discourages  upon  any  pretext whatsoever,  any action  or  service which  has  been 
commanded on the part of the Navy, regular Army, or Air Force or of any forces cooperating therewith 
shall,— 

(a) if such act is committed with intent to assist the enemy, be punished with death or such other 

punishment  as is hereinafter mentioned; and 

1. Subs. by Act 53 of 1974, s. 2, for “seaman” (w.e.f. 16-12-1974). 
2. Subs. by s. 7, ibid., for sections 34 to 37 (w.e.f. 16-12-1974). 

19 

 
                                                                 
 
(b) in any other case, be punished with  imprisonment which may extend to seven years or such 

other punishment  as is hereinafter mentioned. 

37.  Penalty  for  disobedience  in  action.—Every  person  subject  to  naval  law  who,  being  in  the 
presence  or  vicinity  of  the  enemy  or  having  been  ordered  to  be  prepared  for  action  by  or  against  the 
enemy— 

(a) desert his post; or 

(b) sleeps upon his watch,  

shall be punished  with death or such other punishment  as is hereinafter mentioned.] 

38. Penalty for spying.—Every person not otherwise subject to naval law who is or acts as a spy for 
the  enemy  shall  be  punished  under  this  Act  with  death  or  such  other  punishment  as  is  hereinafter 
mentioned  as if he were a person subject to naval law. 

39. Correspondence, etc., with the enemy.—Every person subject to naval law, who,— 

(a) traitorously  holds  correspondence with the enemy or gives intelligence  to the enemy; or 

(b) fails to make known to the proper authorities any information he may have received from the 

enemy; or 

(c) assists the enemy with any supplies;  or 

(d) having been made a prisoner of war, voluntarily  serves with or aids the enemy;  

shall be punished  with death or such other punishment  as is hereinafter mentioned. 

40.  Improper  communication  with  the enemy.—Every  person  subject  to  naval  law who  without 
any  traitorous  intention  holds  any  improper  communication  with  the  enemy  shall  be  punished  with 
imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter 
mentioned. 

41. Deserting post and neglect of duty.—Every person subject to naval law, who,— 

(a) deserts his post; or 

(b) sleeps upon his watch; or 

1[(c) fails to perform or negligently  performs the duty imposed  on him;  or] 

(d) wilfully  conceals any words, practice or design tending  to the hindrance of the naval service; 

shall be punished with imprisonment for a term which may extend to two years or such other punishme nt 
as is hereinafter mentioned. 

2[42. Mutiny defined.—Mutiny means any assembly or combination of two or more persons subject 
to  naval  law,  the  Army  Act,  1950  (40  of  1950),  or  the  Air  Force Act,  1950  (40  of  1950),  or  between 
persons two at least of whom, are subject to naval law or any such Act,— 

(a) to overthrow or resist lawful authority  in the Navy, regular Army or Air Force or any part of 

any one or more of them or any forces co-operating therewith or any part thereof; or 

(b)  to  disobey  such  authority  in  such  circumstances as  to  make  the  disobedience  subversive  of 
discipline or with the object of avoiding any duty or service against, or in connection with operations 
against, the enemy; or 

(c) to show contempt to such authority in such circumstances as to make such conduct subversive 

of discipline;  or 

(d) to impede the performance of any duty or service in the Navy, regular Army or Air Force or 

any part of any one or more of them or any forces co-operating therewith or any part thereof.] 

43. Punishment for mutiny.—Every person subject to naval law, who,— 

1. Subs. by Act 53 of 1974, s. 8, for clause (c) (w.e.f. 16-12-1974). 
2. Subs. by s. 9, ibid., for section 42 (w.e.f. 16-12-1974). 

20 

 
                                                                 
(a) joins  in a mutiny;  or 

(b) begins, incites,  causes or conspires with any other persons to cause, a mutiny;  or 

(c) endeavours to incite any person to join  in a mutiny  or to commit  an act of mutiny;  or 

(d) endeavours to seduce any person in the regular Army, Navy or Air Force from his allegiance 
to the Constitution or loyalty to the State or duty to his superior officers or uses any means to compel 
or induce any such person to abstain from acting against the enemy or discourage such person from 
acting against the enemy; or 

(e) does not use his utmost exertions to suppress 1[or prevent] a mutiny;  or 

(f) wilfully conceals any traitorous or mutinous practice or design or any traitorous words spoken 

against the State; or 

(g)  knowing  or  having  reason  to  believe  in  the  existence  of  any  mutiny  or  of  any  intention  to 
mutiny does not without delay give information thereof to the commanding officer of his ship or other 
superior officer; or 

(h) utters words of sedition  or mutiny;   

shall be punished  with death or such other punishment  as is hereinafter mentioned. 

44. Persons on board ships or aircraft seducing naval personnel from allegiance.—Every person 
not otherwise subject to naval law who being on board any ship or aircraft of the Indian Navy or on board 
any ship in the service of the Government endeavours to seduce from his allegiance to the Constitution or 
loyalty to the State or duty to superior officers any person subject to naval  law shall  be punished under 
this Act with death or such other punishment as is hereinafter mentioned as if he were a person subject to 
naval law. 

45.  Striking  superior  officers.—Every  person  subject  to  naval  law  who  commits  any  of  the 

following  offences, that is to say,— 

(a) strikes or attempts to strike his superior officer; or 

(b) draws or lifts  up any weapon against such officer; or 

(c) uses or attempts to use any violence  against such officer; 

shall be punished,— 

if the offence is committed on active service with imprisonment for a term which may extend to ten 

years or such other punishment  as is hereinafter mentioned; and 

in  any  other  case,  with  imprisonment  for  a  term  which  may  extend  to  five  years  or  such  other 

punishment  as is hereinafter mentioned. 

46.  Ill-treating subordinates.—Every  person  subject  to  naval  law  who  is  guilty  of  ill-treating  any 
other  person  subject  to  such  law,  being  his  subordinate  in  rank  or  position,  shall  be  punished  with 
imprisonment  for  a  term  which  may  extend  to  seven  years  or  such  other  punishment  as  is  hereinafter 
mentioned. 

47. Disobedience and insubordination.—Every person subject to naval law, who,— 

(a) wilfully  disobeys any lawful command of his superior officer; or 

(b)  in  the  presence  of  his  superior  officer,  or  otherwise  shows  or  expresses  his  intention  to 

disobey a lawful  command given by such superior officer; or 

(c) uses insubordinate,  threatening or insulting  language to his superior officer; or 

(d) behaves with contempt to his superior officer; 

1.  Ins by Act 53 of 1974, s. 10 (w.e.f. 16-12-1974). 

21 

 
                                                                 
 
 
shall, if the offence is committed on active service or in a manner to show wilful defiance of authority, be 
punished  with  imprisonment  for  a  term which  may  extend  to  ten  years  or  such  other  punishment  as  is 
hereinafter mentioned and in other cases, be punished with imprisonment for a term which may extend to 
three years or such other punishment  as is hereinafter mentioned. 

48. Quarrelling, fighting and disorderly behaviour.—Every person subject to naval law, who,— 

(a) quarrels, fights with or strikes any other person, whether such person  is or  is  not subject to 

naval law; or 

(b) uses reproachful or provoking speeches or gestures tending to make a quarrel or disturbance; 

or 

(c) behaves in a disorderly  manner; 

shall be punished with imprisonment for a term which may extend to two years or such other punishment 
as is hereinafter mentioned. 

49. Desertion.—(1) Every person subject to naval law who absents himself from his ship or from the 
place where his duty requires him to be, with an intention of not returning to such ship or place, or who a t 
any  time  and  under  any circumstances  when  absent  from  his  ship  or  place  of  duty  does  any  act  which 
shows that he has an intention  of not returning  to such ship or place is said to desert. 

(2) Every person who deserts shall,— 

(a) if he deserts to the enemy, be punished with death or such other punishment as is hereinafter 

mentioned;  or 

(b) if he deserts under any other circumstances, be punished with  imprisonment for a term which 

may extend to fourteen years or such other punishment  as is hereinafter mentioned; 

and in every such case he shall forfeit all pay, head money, bounty, salvage, prize money and allowances 
that have been earned by him and all annuities, pensions, gratuities, medals and decorations that may have 
been granted to him and also all clothes and effects which he may have left on board the ship or the place 
from which he deserted, unless the tribunal by which he is tried or the Central Government or the Chief of 
the Naval Staff, otherwise directs. 

50. Inducing  person  to  desert.—Every person subject to naval  law who endeavours to seduce any 
other  person subject  to  naval  law  to  desert  shall  be  punished  with  imprisonment  for  a  term  which  may 
extend to two years or such other punishment  as is hereinafter mentioned. 

51.  Breaking  out  of  ship  and  absence  without  leave.—Every  person  subject  to  naval  law  who 
without being  guilty of desertion  improperly  leaves his ship or place of duty  1[or any place where he is 
required  to  be]  or  is  absent  without  leave  shall  be  punished  with  imprisonment  for  a  term  which  may 
extend to two years or such other punishment as is hereinafter mentioned and shall also  be punished by 
such mulcts of pay and allowances as may be prescribed. 

52. Drunkenness.—2[(1)] Every person subject to naval law who is guilty of drunkenness shall, if the 
offence is committed on active service, be punished with  imprisonment for a term which may extend to 
two  years  or  such  other  punishment  as  is  hereinafter  mentioned  and  in  other  cases  be  punished  with 
imprisonment  for  a  term  which  may  extend  to  six  months  or  such  other  punishment  as  is  hereinafter 
mentioned. 

3[(2)  For  the  purpose  of  sub-section  (1),  a  person  shall  be  deemed  to  be  guilty  of  drunkenness  if , 
owing  to  the  influence  of  alcohol  or  any  drug  whether  alone  or  in  combination  with  any  other 
circumstances, he is unfit to be entrusted with his duty or with any duty which he may be called upon to 
perform or behaves in a disorderly  manner or in a manner likely  to bring  discredit  to the naval service.] 

53. Uncleanness or indecent acts.—Every person subject to naval law who is guilty  of,— 

1.  Ins by Act 53 of 1974, s. 11 (w.e.f. 16-12-1974). 
2. Section 52 renumbered as sub-section (1) thereof by s. 12, ibid. (w.e.f. 16-12-1974). 
3. Ins. by s. 12, ibid. (w.e.f. 16-12-1974). 

22 

 
                                                                 
(a) uncleanness; or 

(b) any indecent act; 

shall be punished with imprisonment for a term which may extend to two years or such other punishment 
as is hereinafter mentioned. 

54.  Cruelty  and  conduct  unbecoming  the  character  of  an  officer.—(1)  Every  officer  subject  to 
naval  law who is guilty of cruelty shall be punished with  imprisonment for a term which may extend to 
seven years or such other punishment  as is hereinafter mentioned. 

(2) Every officer subject to naval law who is guilty of any scandalous or fraudulent conduct or of any 
conduct  unbecoming  the  character  of an  officer  shall  be  punished  with  imprisonment  for  a  term  which 
may extend to two years or such other punishment  as is hereinafter mentioned. 

55. Losing ship or aircraft.—(1) Every person subject to naval law who 1[wilfully] loses, strands or 
hazards  or  suffers  to  be  lost,  stranded  or  hazarded any  ship  of  the  Indian  Navy  or  in  the  service  of  the 
Government,  or  loses  or  suffers  to  be  lost  any  aircraft  of  the  Indian  Navy  or  in  the  service  of  the 
Government shall be punished with imprisonment for a term which may extend to fourteen years or such 
other punishment  as is hereinafter mentioned. 

(2) Every person subject to naval law who negligently or by any default  loses, strands or hazards or 
suffers to be lost, stranded or hazarded any ship of the Indian Navy or in the service of the Government, 
or loses or suffers to be lost any aircraft of the Indian Navy or in the service of the Government shall be 
punished  with  imprisonment  for  a  term  which  may  extend  to  two  years  or  such  other  punishment  as  is 
hereinafter mentioned. 

2[55A. Dangerous unauthorised flying.—Every person subject to naval law, who is guilty of any act 
or neglect in flying or  in the use of any aircraft of the Indian Navy or in relation to any such aircraft or 
aircraft material, which causes or is likely  to cause loss of life or bodily  injury  to any person shall,— 

(a)  if  he  acts  wilfully  or  with  wilful  neglect,  be  punished  with  imprisonment  for  a  term  which 

may extend to fourteen years 3[or such other punishment  as is hereinafter mentioned]; and 

(b) in any other case, be punished with  imprisonment for a term which may extend to five years 

or such other punishment  as is hereinafter mentioned. 

55B. Inaccurate certificate.—Every person subject to naval law who signs any certificate in relation 
to an aircraft or aircraft material belonging to or  in  the service of the Government  without ensuring the 
accuracy thereof, shall be punished with imprisonment for a term which may extend to two years or such 
other punishment  as is hereinafter mentioned. 

55C. Low flying and annoyance by flying.—Every person subject to naval law being the pilot of an 

aircraft of the Indian Navy, who— 

(a)  flies  it  at  a  height  less  than  the  minimum  height  authorised  by  his  commanding  officer  or 

appropriate service authority except while  taking off or landing;  or 

(b) flies it so as to cause or likely  to cause unnecessary annoyance to any person, 

shall be punished with imprisonment for a term which may extend to two years or such other punishment 
as is hereinafter mentioned. 

55D. Disobedience of lawful command of captain of an  aircraft.—Every person subject to naval 
law,  who  while  he  is  in  an  aircraft  belonging  to  or  in  the  use  of  the  Government,  disobeys  any  lawful 
command  given  by  the  captain  of  the  aircraft,  whether  such captain  is  subject  to  naval  law  or  not,  in 
relation to all matters relating to flying or handling of the aircraft or affecting the safety thereof, shall be 
punished with imprisonment for a term which may extend to fourteen years or such other punishment as 
is hereinafter mentioned.] 

1. Subs. by Act 53 of 1974, s. 14, for “designedly” (w.e.f. 16-12-1974). 
2. Ins. by s. 14, ibid. (w.e.f. 15-12-1974). 
3. Ins. by Act 48 of 1982, s. 2 (w.e.f. 16-10-1982). 

23 

 
                                                                 
56.  Offences  by  officers  in  charge  of  convoy.—(1)  All  officers  appointed  for  the  convoy  and 
protection  of  any  ships  or  vessels  shall  diligently  perform  their  duty  without  delay  according  to  their 
instructions  in that behalf. 

(2) Every such officer subject to naval law, who,— 

(a) does not defend the ships and goods under his convoy without deviation to any other objects; 

or 

(b) refuses to fight in  their defence if they are assailed; or 

(c) cowardly abandons and exposes the ships in his convoy to hazard; or 

(d)  demands  or  exacts  any  money  or  other  reward  from any  merchant  or  master  for  convoying 

any ships or vessels entrusted to his care; or 

(e) misuses the masters or mariners thereof; 

shall be punished with  death or such other punishment as is hereinafter mentioned, and shall also make 
such reparation in damages to the merchants, owners and others as a Civil Court of competent jurisdiction 
may adjudge. 

57. Taking unauthorised goods on board ship.—Every officer subject to naval law in command of 
any  ship  of  the  Indian  Navy  who  receives  on  board  or  permits  to  be  received  on  board  such  ship  any 
goods or merchandise whatsoever other than for the sole use of the ship or persons belonging to the ship, 
except goods and merchandise on board any ship which may be shipwrecked or in imminent danger either 
on the high seas or in some port, creek, or harbour, for the purpose of preserving them for their proper 
owners,  or  except  such  goods  or  merchandise  as  he  may  at  any  time  be  ordered  to  take  or  receive  on 
board by order of the Central Government or his superior officer, shall be punished with dismissal from 
the naval service or such other punishment  as is hereinafter mentioned. 

58. Offences in respect of property.—Every person subject to naval law who wastefully expends or 
fraudulently buys, sells or receives any property of Government or property belonging to a naval, military 
or  air  force  mess,  band  or  institution,  and  every  person  who  knowingly  permits  any  such  wasteful 
expenditure, or any such fraudulent purchase, sale or receipt,  shall be punished with  imprisonment for a 
term which may extend to two years or such other punishment  as is hereinafter mentioned. 

59. Arson.—Every person subject to naval law who unlawfully sets fire to any dockyard, victualling 
yard  or  steam factory  yard,  arsenal,  magazine,  building,  stores  or  to any  ship,  vessel,  hoy,  barge,  boat, 
aircraft,  or  other  craft  or  furniture  thereunto  belonging,  not  being  the  property  of  an  enemy,  shall  be 
punished  with death or such other punishment  as is hereinafter mentioned. 

60. Falsifying official documents and false declarations.—Every person subject to naval law— 

(a)  who  knowingly  makes  or signs  a  false  report,  return,  list,  certificate,  book,  muster  or  other 

document to be used for official  purposes; or 

(b) who commands, counsels or procures the making or signing  thereof; or 

(c) who aids or abets any other person in the making  or signing  thereof; or 

(d) who knowingly makes, commands, counsels or procures the making of, a false or fraudulent 

statement or a fraudulent omission  in any such document; 

shall  be  punished  with  imprisonment  for  a  term  which  may  extend  to  seven  years  or  such  other 
punishment  as is hereinafter mentioned. 

61. Malingering, etc.—Every person subject to naval law— 

(a)  who wilfully  does  any  act  or wilfully  disobeys  any  orders  whether  in  hospital  or  elsewhere 

with intent to produce or to aggravate any disease or infirmity  or to delay his cure; or 

(b) who feigns any disease, infirmity  or inability  to perform his duty; 

24 

 
shall be punished with imprisonment for a term which may extend to five years or such other punishment 
as is hereinafter mentioned. 

62. Penalty for endeavouring to stir up disturbance on account of unwholesomeness of victuals 
or other just grounds.—Every person subject to naval law who has any cause of complaint either of the 
unwholesomeness of the victuals or upon any other just ground shall quietly make the same known to his 
superior  or  captain  or  to  the  Chief  of  the  Naval  Staff,  in  accordance  with  the  prescribed  channels  of 
communication and the said superior, captain or Chief of the Naval Staff shall, as far as he is able, cause 
the  same  to  be  presently  remedied;  and  every  person  subject  to  naval  law  who  upon  any  pretence 
whatever attempts to stir up any disturbance shall be punished with impr isonment for a term which may 
extend to fourteen years or such other punishment  as is hereinafter mentioned. 

63.  Offences  in  respect  of  papers  relating  to  prize.—(1)  All  the  papers,  charter-parties,  bills  of 
lading passports and other writings whatsoever that shall be taken, seized, or found 1[aboard] any ships 
which are taken as prize shall be duly preserved and the commanding officer of the ship which takes such 
prize shall send the originals entire and without fraud to the Court of competent jurisdiction or such other 
Court or commissioners as shall be authorised to determine whether such  prize be lawful capture, there to 
be viewed, made use of and proceeded upon according to law. 

(2) Every commanding officer who wilfully fails to send the papers, charter-parties, bills of  lading, 
passports or other writings whatsoever that shall be taken, seized, or found  1[aboard] any ships which are 
taken  as  prize  to  the  proper  Court  or  other  authority  shall  be  punished  with  dismissal  from  the  naval 
service  or such  other  punishment  as  is  hereinafter  mentioned  and  in  addition  shall  forfeit  and  lose  any 
share of the capture. 

64. Offences in respect of price.—Every person subject to naval law who takes out of any prize or 
ship seized for prize, any money, plate or goods, unless it is necessary for the better securing thereof, or 
for  the  necessary  use  and  service  of any  ships  of  war  of  the  Indian  Navy,  before  the  same  be adjuged 
lawful prize in a Court of competent jurisdiction, shall be punished with  imprisonment for a term which 
may  extend  to  two  years  or  such  other  punishment  as  is  hereinafter  mentioned,  and  in  addition  shall 
forfeit and lose his share of the capture. 

65. Offences in respect of persons on board of prize ship.—Every person subject to naval law who 
in any sort pillages, beats, or ill-treats officers, mariners or other persons on board a ship or vessel taken 
as prize or who unlawfully strips them off their clothes, shall be punished with imprisonment for a term 
which may extend to two years or such other punishment  as is hereinafter mentioned. 

66.  Unlawful  taking  or  ransoming  of  prize.—Every  commanding  officer  of  a ship  of  the  Indian 

Navy subject to naval law, who,— 

(a) by collusion  with the enemy take as prize any vessel, goods or thing;  or 

(b) unlawfully agrees with any person for the ransoming  of any  vessel, goods or thing taken as 

prize; or 

(c)  in  pursuance  of  any  unlawful  agreement  for  ransoming  or  otherwise  by  collusion  actually 

quits or restores any vessel, goods or thing  taken as prize; 

shall be punished with imprisonment for a term which  may extend to two years or such other punishment 
as is hereinafter mentioned. 

67. Breaking bulk on board a prize ship.—Every person subject to naval law who breaks bulk on 
board  any  vessel  taken  as  prize,  or  detained  in  the  exercise  of  any  beligerent  right  or  under  any  law 
relating  to  piracy  or  to  the  slave  trade  or  to  the  customs,  with  intent  dishonestly  to  misappropriate 
anything therein or belonging thereto, shall be punished with  imprisonment for a term which may extend 
to two years or such other punishment  as is hereinafter mentioned. 

1. Subs. by Act 58 of 1960, s. 3 and the Second  Schedule,  for “abroad” (w.e.f. 26-12-1960). 

25 

 
                                                                 
 
68. Violation of the Act, regulations and orders.—Every person subject to naval law who neglects 
to obey or contravenes any provisions of this Act or any regulation made under this Act or any general or 
local order, shall, unless other punishment  is provided  in this Act for such neglect or contravention,  be 
punished  with  imprisonment  for  a  term  which  may  extend  to  two  years  or  such  other  punishment  as  is 
hereinafter mentioned. 

69. Offences in relation to Court-martial.—Every person subject to naval law, who,— 

(a)  being  duly  summoned  or  ordered  to  attend  as  a  witness  before a  court-martial  wilfully  or 

without  reasonable excuse fails to attend; or 

(b) refuses to take an oath or make an affirmation  legally required by a court-martial to be taken 

or made; or 

(c) being sworn, refuses to answer any questions which he is in  law bound  to answer; or 

(d)  refuses  to  produce  or  deliver  up  a  document  in  his  power  which  the  court  may  legally 

demand; or 

(e) is guilty  of contempt of court-martial; 

shall  be  punished  with  imprisonment  for  a  term  which  may  extend  to  three  years  or  such  other 
punishment  as is hereinafter mentioned. 

70.  Fraudulent  entry.—Every  person  who  upon  entry  into  or  offering  himself  to  enter  the  naval 
service wilfully makes or gives any false statement whether orally or in writing to any officer or person 
authorised to enter or enrol 1[sailors] or others in or for such naval service, shall, if he has become subject 
to  naval  law,  be  punished  with  imprisonment  for  a  term which  may  extend  to  five  years  or  such  other 
punishment  as is hereinafter mentioned. 

71. Escape from custody.—Every person subject to naval law who being  in  lawful custody escapes 
or  attempts  to  escape  from  such  custody  shall  be  punished  with  imprisonment  for  a  term  which  may 
extend to five years or such other punishment  as is hereinafter mentioned. 

72. Failure to assist in detention of offenders.—Every person subject to naval law, who,— 

(a) does not use his utmost endeavours to detect, apprehend or bring to punishment all offenders 

against this Act; or 

(b) does not assist the officers appointed  for that purpose; 

shall be punished with imprisonment for a term which may extend to two years or such other punishment 
as is hereinafter mentioned. 

73. Penalty for failure to attend by members of reserve forces when called up.—Every member 
of the Indian Naval Reserve Forces 2[and every person belonging to any auxiliary forces raised under this 
Act]  who,  when  called  up  for  training  or  when  called  up  into  actual  service  with  the  Indian  Navy  in 
pursuance of the regulations made under this Act, and required by such call to join any ship or attend at 
any  place,  fails,  without  reasonable  excuse  to  comply  with  such  requirement,  shall  be  punished  with 
imprisonment  for  a  term  which  may  extend  to  three  years  or  such  other  punishment  as  is  hereinafter 
mentioned. 

74. Offences against good order and naval discipline.—Every person subject to naval law who is 
guilty of an act, disorder, or neglect to the prejudice of good order and naval  discipline, not hereinbefore 
specified, shall be punished with imprisonment for a term which may extend to three years or such other 
punishment  as is hereinafter mentioned. 

75.  Attempts.—Every  person  subject  to  naval  law  who  attempts  to  commit  any  of  the  offences 
specified  in  sections  34  to  74  and  76  and  in  such attempt  does  any act  towards  the commission  of  the 

1. Subs. by Act 53 of 1974, s. 2, for “seaman” (w.e.f. 16-12-74). 
2. Ins. by s. 15, ibid.  (w.e.f. 16-12-1974). 

26 

 
                                                                 
 
offence shall,  where  no  express  provision  is  made  by  this  Act  for  the  punishment  of  such  attempt,  be 
punished, 

(a) if the offence attempted to be  committed  is punishable with  death, with  imprisonment for a 

term which may extend to fourteen years or such other punishment  as is hereinafter mentioned,  and 

(b) if the offence attempted to be committed  is punishable with  imprisonment, with one -half of 
the  maximum  punishment  provided  for  the  offence  or  with  such  other  punishment  as  is  hereinafter 
mentioned. 

76. Abetment of offences.—Any person subject to naval law who abets the commission of any of the 
offences specified  in sections 34 to 74 shall, whether  the act abetted is committed or not  in consequence 
of the abetment, and where no express provision is made by this Act for the punishment of such abetment, 
be punished with the punishment  provided for that offence. 

77. Civil offences.—(1) Every person subject to naval  law who commits a civil offence punishable 
with death or with imprisonment  for life shall be punished  with the punishment  assigned for that offence. 

(2) Every person subject to naval  law who commits any other civil offence shall  be punished either 
with the punishment assigned for the offence or with imprisonment for a term which may extend to three 
years or such other punishment  as is hereinafter mentioned. 

78. Jurisdiction  as to  place  and  offences.—(1) Subject to the provisions of sub-section (2), every 
person  subject  to  naval  law  who  is  charged  with  a  naval  offence  or  a  civil  offence  may  be  tried  and 
punished  under this Act regardless of where the alleged offence was committed. 

(2) A person subject to naval law who commits an offence of murder against a person not subject to 
army,  naval  or  air  force  law  or an  offence  of  culpable  homicide  not  amounting  to  murder  against  such 
person  or  an  offence  of rape  in  relation  to  such  person  shall  not  be  tried  and  punished  under  this  Act 
unless he commits any of the said offences— 

(a) while on active service; or 

(b) at any place outside India; or 

(c) at any place specified by the Central Government by notification  in this behalf. 

79. Jurisdiction as to time.—No person unless he is an offender who has avoided apprehension or 
fled form justice or committed the offence of desertion or fraudulent entry or the offence of mutiny shall 
be  tried  or  punished  in  pursuance  of  this  Act  for  any  offence  committed  by  him  unless  such  trial 
commences within  three years from the commission  of such offence: 

Provided that in the computation of the said period of three years any time during which an offender 

was outside Indial or any time during  which he was a prisoner of war shall be deducted: 

1[Provided further that in computation  of the said period of three years, any time during  which,— 

(a) the commission of the offence was not known to the person aggrieved by the offence or to the 
authority competent to initiate action, the first day on which such offence comes to the knowledge of 
such person or authority,  whichever is earlier; 

(b) it was not known by whom the offence was committed, the first day on which the identity of 
the offender is known to the person aggrieved by the offence or to the authority investigating into the 
offence, whichever is earlier, shall  be excluded; 

Provided also that where the institution of the prosecution in respect of an offence has been stayed by 
an injunction or order, then, in computing the said period of three years, the period of the continuance of 
the injunction or order, the day on which  it was issued or made and the day on which it was withdrawn 
shall be excluded: 

Provided  also  that]  no  trial  for  an  offence  of  desertion  other  than  desertion  on  active  service  or 
fraudulent entry shall be commenced if the person in question not being an officer has subsequently to the 

1. Subs. by Act 23 of 2005, s. 3, for “Proviso further that” (w.e.f. 23-6-2005). 

27 

 
                                                                 
commission of the offence served continuously  in an exemplary manner for not  less than three years in 
the Indian Navy. 

80. Trial after a person ceases to be subject to naval  law.—When any offence mentioned in this 
Chapter  has  been  committed  by  any  person  while  subject  to  naval  law  and  such  person  has  since  the 
commission of the offence ceased to be subject to naval  law, he may be taken into and kept  in custody, 
tried and punished under this Act for such offence in like manner as he may have been taken into and kept 
in custody, tried and punished  if he had continued  subject to naval law: 

Provided  that  he  shall  not  be  tried  for  such  offence except  in  the  case  of an  offence  of  mutiny  or 

desertion, unless the trial against him commences within  six months after he has ceased to be so subject. 

CHAPTER IX 

PROVISIONS AS TO PUNISHM ENTS 

81. Punishments.—(1) The following  punishments  may be inflicted  under this Act, namely:— 

(a) death; 

(b) imprisonment  which may be for the term of life or any other lesser term; 

(c) dismissal  with disgrace from the naval service; 

(d) detention; 

(e) dismissal  from the naval service; 

(f) forfeiture of seniority  in  rank in the case of officers 1[and master chief petty officers]; 

(g)  forfeiture  of  time  for  promotion  in  the  case  of 2[officers  below  the  rank  of commander  and 

master chief petty officers]; 

(h) dismissal  from the ship to which the offender belongs; 

(i) 3[reduction in  rank], in the case of 4[petty officers] and persons holding  leading  rates; 

(j) fine, in respect of civil  offences; 

(k) mulcts of pay and allowances; 

(l) severe reprimand or reprimand; 

(m) forfeiture of pay, head money, bounty, salvage, prize money and allowances earned by, and 
all  annuities,  pensions,  gratuities,  medals  and  decorations  granted  to,  the  offender  or  of  any  one  or 
more  of  the  above  particulars;  also  in  the  case  of  desertion,  of  all  clothes  and  effects  left  by  the 
deserter in the ship to which he belongs; 

(n) such minor punishments as are inflicted according to the custom of the navy or may from time 

to time be prescribed. 

(2) Each of the punishments specified  in sub-section (1) shall be deemed to be inferior  in degree to 

every punishment  preceding it in the above scale. 

82. Provisions as to award of  punishment.—(1) The punishments that may be inflicted under this 

Act shall be awarded in accordance with the provisions  of the following  sub-sections. 

(2) Except in the case of mutiny in time of war or on active service, the punishment of death shall not 

be inflicted  on any offender until  the sentence has been confirmed by the Central Government. 

(3) The punishment of imprisonment for a term exceeding two years shall in all cases be accompanied 

by a sentence of dismissal  with  disgrace from the naval service. 

1. Ins. by Act 48 of 1982, s. 3 (w.e.f. 16-10-1982). 
2. Subs. by s. 3, ibid., for “subordinate officers” (w.e.f. 16-10-1982). 
3. Subs. by s. 3, ibid., for “disrating” (w.e.f. 16-10-1982). 
4. Subs. by s. 3, ibid., for “subordinate and petty officers” (w.e.f. 16-10-1982). 

28 

 
                                                                 
 
(4)  The  punishment  of  imprisonment  for  a  term  not  exceeding  two  years  may  in  all  cases  be 

accompanied by a sentence of dismissal  with disgrace or dismissal  from the naval service: 

Provided that  in the case of officers,  unless the sentence of dismissal with disgrace is also awarded, 

such sentence of imprisonment  shall involve  dismissal  from the naval service. 

(5) The sentence of imprisonment  may be rigorous  or simple,  or partly rigorous and partly simple. 

(6)  The  sentence  of  dismissal  with  disgrace  shall  involve  in  all  cases  forfeiture  of  all  pay,  head 
money,  bounty,  salvage,  prize  money  and  allowances  that  have  been  earned  by  and  of  all  annuities, 
pensions, gratuities, medals and decorations that may have been granted to the offender and an incapacity 
to  serve  Government  again  in  a  defence service,  or  a civil  service,  or  to  hold  any  post  connected  with 
defence or any civil  post under the Government: 

Provided  that  the  forfeiture  of  moneys  shall  not  apply,  except  in  the  case  of  deserters,  to  moneys 

which should have been paid on the last pay day preceding conviction. 

(7) The punishment of dismissal from the naval service shall in the case of persons who hold any lien 
on appointments  in the regular Army or Air Force, involve  dismissal  from such army or air force service. 

(8)  The  punishment  of  detention  may  be  inflicted  for  any  term  not  exceeding  two  years  but  no 
sentence  of  detention  shall  be  awarded  unless  naval  detention  quarters  or  army  or  air  force  detention 
barracks are in existence. 

(9) The punishment of imprisonment or detention whether on board ship or on shore shall, subject to 
the provisions of sub-section (14), involve 1[reduction in rank],  in the case of a petty officer or a person 
holding a leading  2[rank], and shall in all cases be accompanied by stoppage of pay and allowances during 
the term of imprisonment  or detention: 

Provided that where the punishment awarded is detention for a term not exceeding fourteen days, the 
sentence  may  direct  that  the  punishment  shall  not  be  accompanied  by  stoppage  of  pay  and  allowances 
during  the term of detention. 

(10) No officer shall  be subject to detention. 

(11) The punishment of forfeiture of seniority shall be imposed in the substantive rank held at the date 
of  the  sentence,  and  shall  involve  a  corresponding  forfeiture  of  seniority  in  every  higher  acting  rank 
subject always to the condition that forfeiture of seniority in any rank shall in no case exceed the seniority 
in that rank at the date of the sentence. 

(12) The punishment of forfeiture of seniority shall involve the loss of the benefit of service included 
in the seniority forfeited for the purposes of pay, pension, gratuity, promotion and such other purposes, as 
may be prescribed,  provided  that such pay,  pension, gratuity and promotion and  other purposes depend 
upon such service. 

3[(12A) No master chief petty officer shall be subject to the punishment of forfeiture of seniority of 

more than twelve months.] 

(13)  The  punishment  of  forfeiture  of  time  for  promotion  shall  delay  the  promotion  by  the  time 

specified, 

3[(13A)  No  master  chief  petty  officer  shall  be  subject  to  the  punishment  of  forfeiture  of  time  for 

promotion  of more than twelve months.] 

(14)  No  person  shall  be  4[reduced  in  rank]  below  the  limits  prescribed,  or  lower  either  actually  or 

relatively  than the 5[rank] in which he entered or was appointed in the naval service. 

1. Subs. by Act 48 of 1982, s. 4, for “distracting” (w.e.f. 16-10-1982). 
2. Subs. by s. 4, ibid., for “rate” (w.e.f. 16-10-1982). 
3. Ins. by s. 4, ibid. (w.e.f. 16-10-1982). 
4. Subs. by s. 4, ibid., for “distracting” (w.e.f. 16-10-1982). 
5. Subs. by s. 4, ibid., for “rate” (w.e.f. 16-10-1982). 

29 

 
                                                                 
(15)  Mulcts  of  pay  and  allowances  shall  not  be  awarded  except  as  provided  in  sub-sections  (16)                

and (17). 

(16) Mulcts of pay and allowances shall be awarded in accordance with the regulations made under 

this Act on conviction  of offences under Section 31. 

(17) Mulcts of pay may also be awarded to make good any proved loss or  damage occasioned by the 

offence on which there is a conviction,  and for the offence of drunkenness by  1[sailors]. 

(18) The punishment of fine may be awarded in respect of civil offences in addition to, or in lieu of, 

other punishments  specified in this Act. 

(19) The forfeiture of moneys under  clause (m) of sub-section (1) of section 81 shall  not, except in 

case of desertion apply  to moneys which should  have been paid on the last pay day preceding conviction. 

(20) All other punishments authorised by this Act may be inflicted in such manner as is heretofore in 

use in the naval service or as may be prescribed. 

(21)  Subject  to  the  provisions  of  the foregoing  sub-sections,  where any  punishment  is  specified  by 
this  Act  as  the  penalty  for  an  offence  and  it  is  further  declared  that  “such  other  punishment  as  is 
hereinafter  mentioned”  may  be  awarded  in  respect  of  the  same  offence,  the  expression  “such  other 
punishment” shall be deemed to comprise any one or more of the punishments  inferior  in degree to the 
specified punishment  according to the scale of punishments  laid down in sub-section (1) of section 81. 

CHAPTER X 

ARREST 

83. Power to issue warrants of arrest.—(1) The Chief of the Naval Staff, every officer in command 
of a fleet or squadron of ships of the Indian Navy or of any ship of the Indian Navy or the senior officer 
present  at  a  port  or an  officer  having  by  virtue  of  sub-sections  (2)  and  (3)  of  section  93  power  to  try 
offences, may, by warrant under his hand, authorise any person to arrest any offender subject to naval law 
for any offence triable under this Act mentioned  in such warrant and any such warrant may include the 
names of more persons than one in respect of several offences of the same nature. 

(2) Any person named in any such warrant as aforesaid may, forthwith on his arrest, if the warrant so 

directs,  be  taken  to  the  ship  of  the  Indian  Navy  to  which  he  belongs  or  some  other  ship  of  the                   
Indian Navy. 

(3) A person authorised to arrest an offender may use such force as may be necessary for the purpose 

of effecting such arrest. 

(4) Where a warrant under sub-section (1) is  issued to a police officer, the police officer shall take 
steps to execute the warrant and arrest the offender in like manner as if such warrant had been issued by a 
Magistrate of competent jurisdiction and shall, as soon as may be, deliver the person when arrested into 
naval custody. 

84. Arrest without warrant.—(1) Any person subject to naval law may be ordered without warrant 

into naval custody by any superior officer for any offence triable under this Act. 

(2) A person subject to naval  law may arrest without warrant any other person subject to naval  law 
though  he  may  be  of  a  higher  rank  who  in  his  view  commits  an  offence  punishable  with  death,  or 
imprisonment  for life or for a term which may extend to fourteen years. 

(3) A provost-marshal may arrest any person subject to naval law in accordance with the provisions 

of section 89. 

(4)  It  shall  be  lawful  for  the  purpose  of  effecting  arrest,  or  taking  a  person  into  custody,  without 

warrant to use such force as may be necessary for the purpose. 

1. Subs. by Act 53 of 1974, s. 2, for “seaman” (w.e.f. 16-10-1982). 

30 

 
                                                                 
85.  Procedure  and  conditions  of  naval  custody.—(1)  No  person  subject  to  naval  law  who  is 
arrested under this Act shall be detained  in naval custody without being informed, as soon as may be, of 
the grounds for such arrest. 

(2) Every person subject to naval law who is arrested and detained in naval custody shall be produced 
before  his  commanding  officer  or  other  officer  prescribed  in  this  behalf  within  a  period  of  forty-eight 
hours  of  such  arrest  excluding  the  time  necessary  for  the  journey  from  the  place  of  arrest  to  such 
commanding  or  other  officer  and  no  such  person  shall  be  detained  in  custody  beyond  the  said  period 
without  the authority  of such commanding  or other officer. 

86. Investigation after arrest.—The charge made against any person subject to naval law taken into 
custody shall without any unnecessary delay be investigated by the proper authority and as soon as may 
be either proceedings shall  be taken for the trial or such person shall  be discharged from custody. 

87. Duty to receive or keep in custody.—(1) The commanding officer shall be responsible for the 

safe custody of every person who is in naval custody on board his ship  or in his establishment. 

(2)  The  officer  or 1[sailor]  in  charge  of  a  guard,  or  a  provost-marshal  shall  receive  and  keep  any 

person who is duly  committed to his custody. 

88. Procedure before trial.—Subject to the provisions of this Act, the procedure before trial and the 

manner of investigation  shall be as prescribed. 

89.  Provost-marshals.—(1) Provost-marshals may be appointed by the Chief of the Naval Staff or 

the prescribed officer. 

(2) The duties of a provost-marshal or to take charge of persons in naval custody,  to  preserve good 
order and discipline and to prevent breaches of the same by persons subject to naval law or to the law in 
force relating to the Government of the regular Army or the Air Force. 

(3) A provost-marshal may at any time arrest and detain for trial any person subject to naval law who 
commits, or  is charged with, an offence and may also carry into effect any punishment to be inflicted in 
pursance of a sentence passed under this Act, but shall not inflict  any punishment  on his own authority: 

Provided  that  no  officer  shall  be  so  arrested  or  detained  otherwise  than  on  the  order  of                          

another officer.  

(4)  For  the  purpose  of  sub-sections  (2)  and  (3),  a  provost-marshal  shall  be  deemed  to  include  a 
provost-marshal and any of his assistants appointed under the law in force relating to the government of 
the regular Army or the Air Force. 

CHAPTER XI 

CHARGE 

90. Joinder of charges.—For every distinct offence of which any person is accused, there shall be a 
separate charge but except as otherwise provided by regulations made under this Act all separate charges 
may be tried together. 

91. Acts amounting to different offences.—If a single act or series of acts is of such a nature that it 
is doubtful which of several offences the acts which can be proved will constitute,  the accused may be 
charged with having committed all or any of such offences, and any number of such charges may be tried 
at one trial; or he may be charged in  the alternative with having  committed  some one of the said offences. 

92.  Joinder  of  accused  person.—The  following  persons  may  be  charged  and  tried  together, 

namely:— 

(i) persons accused of the same offence committed in the course of the same transaction; 

(ii) persons accused of an offence and persons accused of abetment of, or an attempt to commit, 

such offence; and 

1. Subs. by Act 53 of 1974, s. 2, for “seaman” (w.e.f. 16-10-1982). 

31 

 
                                                                 
 
(iii) persons accused of different offences committed in the course of the same transaction:  

Provided that in a trial by a court-martial the trial judge advocate may, on the application made in this 

behalf by any accused, direct that each of the accused be tried separately by the same court-martial. 

CHAPTER XII 

AUTHORITIES SAVING POWER TO AWARD PUNISHM ENTS 

93.  Power  of  court-martial  and  commanding  officers  to  try  offences.—(1)  An  offence  triable 

under this Act may be tried and punished by court-martial. 

(2) An offence not capital which  is triable under this Act and which is committed by a person other 
than  an  officer  (and  in  cases  by  this  Act expressly  provided  for  when  committed  by  an  officer),  may, 
subject to regulations made under this Act be summarily tried and punished by the commanding officer of 
the ship to which the offender belongs at the time either of the commission or of the trial of the offence, 
subject  to  the  restriction  that  the  commanding  officer  shall  not  have  power  to  award  imprisonment  or 
detention for more than three months, or to award dismissal  with disgrace from the naval service: 

Provided that no sentence of imprisonment or dismissal shall be carried into effect until approved by 

the prescribed authorities. 

(3) The power by this section vested  in a commanding officer of a ship  may, subject to regulations 

made under this Act,— 

(a) as respects 1[sailors] on board a tender to the ship, be exercised in the case of a single tender 
absent from the ship, by the officer in command of such tender and in the case of two or more tenders 
absent  from  the  ship  in  company  or  acting  together,  by  the  officer  in  immediate  command  of  such 
tenders; 

(b) as respects 1[sailors] on board any boat belonging to the ship, be exercised when such boat is 

absent on detached service by the officer in command of the boat; 

(c) as  respects  1[sailors]  on  detached  service  either  on  shore  or  otherwise,  be exercised  by  the 

officer in immediate command of those persons; 

(d)  as  respects  1[sailors]  quartered  in  naval  barracks,  be  exercised  by  the  officer  in  command 

of  the barracks; 

(e) as respects 1[sailors] attached to or serving with any body of the regular Army or the Air Force 
under prescribed conditions be exercised by the commanding officer of any such body of the regular 
Army or the Air Force. 

(4)  The  commanding  officer  of  a  ship  or  barracks  may  delegate  the  power  of  awarding 
punishments inferior in scale to dismissal, to other officers under his command in accordance with the 
regulations  made under this Act. 

94.  Power  of  Central  Government,  Chief  of  the  Naval  Staff  and  other  officers  to  impose 
forfeiture of  time or seniority.— 2[(1) The Central Government may  impose on any officer below the 
rank of commander one or more of the following  punishments,  namely:— 

(a) forfeiture of seniority  in rank of not more than twelve months;  

(b) forfeiture of time for promotion  of not more than twelve months;  

(c) mulcts of pay and allowances. 

(2) The Chief of the Naval Staff may impose on 3[any officer below the rank of commander] one or 

more of the following  punishments,  namely:— 

(a) forfeiture of seniority  in rank of not more than six months; 

1. Subs. by Act 53 of 1974, s. 2, for “seaman” (w.e.f. 16-12-1974).  
2. Subs. by Act 23 of 2005, s. 4, for sub-sections (1), (2), (2A), and (3) (w.e.f. 23-6-2005). 
3. Subs. by Act 48 of 1982, s. 5, for “any subordinate officer” (w.e.f. 16-10-1982). 

32 

 
                                                                 
(b) forfeiture of time for promotion  of not more than six months; 

(c) mulcts of pay and allowances. 

(2A) The Flag Officer Commanding-in-Chief of a naval command may, subject to regulations made 
under  this  Act,  impose  on  any  officer  below  the  rank  of  commander  one  or  more  of  the  following 
punishments,  namely:— 

(a) forfeiture of seniority  in rank of not more than three months; 

(b) forfeiture of time for promotion  of not more than three months; 

(c) severe reprimand or reprimand; 

(d) mulcts of pay and allowances. 

(3) The commanding officer of a ship may. subject to regulations made under this Act, may impose 

on any officer below the rank of commander one or more of the following  punishments,  namely:— 

(a) forfeiture of seniority  in rank of not more than three months; 

(b) forfeiture of time for promotion  of not more than three months; 

(c) mulcts of pay and allowances.] 

(4) In imposing punishments under  sub-sections (1) 1[(2) and (2A)], it shall not  be necessary for the 
Central Government or the Chief of the Naval Staff, as the case may be, to hear the accused in person or 
by any friend or counsel. 

2[(5) The commanding officer of a  3[ship] or the officer-in-charge of a naval academy may impose on 
any subordinate officer whilst under training such minor punishments, not higher than the punishment of 
severe reprimand or reprimand,  as may, from time to time,  be prescribed.] 

(1) The Central Government may impose the punishment of forfeiture of time or seniority of not 

more than twelve months on any officer below the rank of commander.  

(2) The Chief of the Naval Staff may impose the punishment of forfeiture of time or seniority of 

not more than six months on any officer below the rank of commander.  

(2A)  The  Flag  Officer Commanding-in-Chief  of  a  naval  command  may,  subject  to  regulations 
made  under  this  Act,  impose  on  any  officer  below  the  rank  of  commander  one  or  more  of  the 
following  punishments,  namely:— 

(a) forfeiture of seniority  in rank of not more than three months; 

(b) forfeiture of time for promotion  of not more than three months; 

 (c) severe reprimand or reprimand. 

(3) The commanding officer of a ship may subject to regulations made under this Act, impose the 
punishment  of  forfeiture  of  time  or  seniority  of  not  more  than  three  months  on  any  subordinate 
officer. 

95. Disciplinary  Courts  when  may  be constituted.—When an officer is,  in time of war or during 
active service, alleged to have been guilty of  a disciplinary offence, that is to say of a breach of sections 
41, 47, 48, 49, 51, 52, 68 and 74 or of any of those sections read with section 75 or 76, the officer having 
the  power  to  order a court-martial  may,  if  he  considers  the  offence  to  be  of such  a  character  as  not  to 
necessitate trial by court-martial, in  lieu of ordering a court-martial, order a disciplinary court constituted 
as hereinafter mentioned. 

96.  Constitution  and  procedure  of  disciplinary  courts.—(1)  A  disciplinary  court  shall  be 

composed of not less than three nor more than five officers: 

1. Subs.  Act, 48 of 1982, s. 5, for “and (2)” (w.e.f. 16-10-1982). 
2. Ins. by Act 53 of 1970, s. 16 (w.e.f. 16-12-1974). 
3. Subs. by s. 5, ibid., for “training ship” (w.e.f. 16-10-1982). 

33 

 
                                                                 
Provided  that  the  majority  of  the  officers  including  the  president  shall  be  officers  of  the  executive 

branch of the naval service. 

(2) At least one of these officers composing the court shall  be superior  in rank to the officer under 

trial and in any case shall be of the rank of substantive or acting commander or of a higher rank. 

(3) A disciplinary court shall have power to impose any punishment inferior to detention in the scale 

hereinbefore contained, but no greater punishment. 

(4) The officers composing the disciplinary court shall be named by the authority ordering the same 

or by an officer empowered in this behalf by such authority. 

(5)  Subject  to  the  provisions  of  the  foregoing  sub-sections,  the  procedure  and  practice  of  courts-
martial  provided  by  or  under  this  Act  shall  apply  to  the  procedure  and  practice  of  disciplinary  courts 
subject to such modifications  as may be prescribed. 

97. Constitution of courts -martial.—(1) Courts-martial shall be constituted and convened subject to 

the provisions  of the following  sub-sections. 

(2)  The  President,  the  Chief  of  the  Naval  Staff,  or  any  officer  empowered  in  this  behalf  by 
commission from the Chief of the Naval Staff shall have the power to order courts-martial for the trial of 
offences under this Act. 

(3)  Unless  otherwise  prescribed  in  respect  of  any  specified  port  or  station,  an  officer  holding  a 
commission from the Chief of the Naval Staff to order courts-martial shall not be empowered to do so if 
there is present at the place where such court-martial  is to be held an officer superior in rank to himself 
and in command of one or more of the ships of the Indian Navy although such last mentioned officer may 
not hold a commission to order courts-martial and in such  a case such last mentioned officer may order a 
court-martial although  he does not hold  a commission  for the purpose. 

(4)  If  an  officer  holding  a  commission  from  the  Chief  of  the  Naval  Staff  to  order  courts-martial, 
having  the  command  of  a fleet  or squadron  and  being  outside  Indian  waters  die,  be  recalled,  leave  his 
station or be removed from his command, the officer upon whom the command of the fleet or squadron 
devolves and so from time to time the officer who shall have the command of the fleet or squadron, shall 
without any commission from the Chief of the Naval Staff have the same power to order courts-martial as 
the first mentioned  officer was invested with. 

(5) If an officer holding a commission from the Chief of the Naval Staff to order courts-martial and 
having the command of any fleet or squadron of the Indian Navy outside Indian waters shall detach any 
part  of  such  fleet  or  squadron,  or  separate  himself  from  any  part  of  such  fleet  or  squadron  he  may  by 
commission under his hand empower in the first mentioned case, the commanding officer of the squadron 
or detachment ordered on such separate service and in the case of his death or ceasing so to command, the 
officer to whom the command  of such separate squadron or detachment shall belong, and  in the second 
mentioned  case,  the  senior  officer  of  the  ships  of  the  Indian  Navy  on  the  division  of  the  station  from 
which he is absent, to order courts-martial during the time of such separate service or during his absence 
from that division of the station as the case may be, and every such authority shall continue in force until 
revoked or until the officer holding  it returns to India or until he comes into the presence of a superior 
officer empowered to order courts-martial in the same squadron, detachment or division of station but so 
that such authority shall revive on the officer holding it ceasing to be  in the presence of such a superior 
officer and so from time to time as often as the case so requires. 

(6) A court-martial shall  consist of not less than five nor more than nine officers. 

(7) No officer shall  be qualified  to sit as a member of a court-martial  unless— 

(a) he is subject to naval law, 

(b) he is an officer of the Indian Navy of the rank of lieutenant  or higher rank, and  

(c) he is of or over twenty-one years of age.  

(8)  A  prosecutor  shall  not  be  qualified  to  sit  on  the  court-martial  for  the  trial  of  the  person                          

he prosecutes.  

34 

 
(9) The officer ordering the court-martial, the officer who was the commanding officer of the ship to 
which  the  accused  belonged  at  the  time  of  the  commission  of  the  alleged  offence  and  the  officer 
investigating  the offence shall not be qualified  to sit on a court- martial for the trial  of such accused.  

(10) Subject to the provisions of sub-sections (7) to (9), officers of the Indian Navy shall be eligible to 

sit as members of a court-martial irrespective of the branch of the naval service to which they belong:   

Provided that—  

(a) the majority of the members of the court-martial,  including the president, shall be officers of 

the executive branch of the naval service, and  

(b)  at  trials  for  offences  against  sections  34,  35,  55,  1[55A,  55C]  and  56,  officers  other  than 

officers of the executive branch of the naval service shall not be eligible  to sit.  

(11) A court-martial shall not be deemed to be duly constituted unless the members thereof are drawn 

from  at  least  two  ships  not  being  tenders,  and  commanded  by  officers  of  the  rank  of  lieutenant  or                
higher rank.  

(12)  The  president  of a court-martial  shall  be  named  by  the  authority  ordering  the  same  or  by  any 

officer empowered by such authority to name the president.  

(13) No court-martial for the trial of a flag officer shall be duly constituted unless the president is a 

flag officer and the other officers composing  the court are of the rank of captain or of higher rank.  

(14)  No  court-martial  for  the  trial  of  a  captain  shall  be  duly  constituted  unless  the  president  is  a 

captain or of higher rank and 

(15) No court-martial for the trial of a commander shall be duly constituted unless the president is a 

commander or of higher rank and two other members are commanders or officers of higher rank.  

(16) No court-martial for the trial of a person below the rank of commander shall be duly constituted 

unless the president is a substantive or acting commander or of higher rank.  

(17) No commander or lieutenant-commander or lieutenant shall be required to sit as a member of a 
court-martial when four officers of higher rank and junior to the president can be assembled at the place 
where  the  court-martial  is  to  be  held,  but  the  regularity  or  validity  of  any  court-martial  or  of  the 
proceedings thereof shall  not  be affected by any commander,  lieutenant-commander or  lieutenant being 
required  to  sit  or  sitting  thereon  under  any  circumstances  and  when  any  commander,  lieutenant-
commander or lieutenant sits on any court- martial,  the members of it shall  not exceed five.  

(18)  Members  of  the  court-martial  other  than  the  president  shall  be  appointed,  subject  to  the 

provisions  of the foregoing  sub-sections, in the manner provided  in sub-section (19).  

(19) Subject to the provisions of sub-section (11), the president shall summon all officers except such 
as are exempted under the provisions of sub-section (20), next in seniority to himself present at the place 
where the court-martial shall be held, to sit thereon until the number of nine or such other number not less 
than five as is attainable is complete.  

(20) The officer convening the court-martial or the senior naval officer present at the place where the 
court-martial is to be held, may exempt by writing under his hand conveyed to the president of the court-
martial any officer from attending as member on ground  of sickness or urgent public  duty.   

(21) In this section references to specified ranks of officers shall, unless otherwise stated, be deemed 
to be references to substantive ranks and to include references to equiva lent ranks in all branches of the 
naval service.  

(22) When the naval forces are on active service, officers of the Indian Naval Reserve Forces subject 
to naval  law shall be eligible to sit as members of courts-martial on the same basis and under the same 
conditions  as officers of the Indian Navy. 

1. Ins. by Act 48 of 1982, s. 6 (w.e.f. 16-10-1982). 

35 

 
                                                                 
CHAPTER XIII 

PROCEDURE 

Procedure of courts-martial 

98. Where courts-martial to be held.—A court-martial may be held ashore or afloat. 

99. Trial judge advocate.—(1) Every court-martial shall be attended by a person (in this Act referred 
to  as  the  trial  judge  advocate)  who  shall  be  either  a  judge  advocate  in  the  department  of  the  Judge 
Advocate-General of the Navy or any fit person appointed  by the convening  officer: 

Provided that  in the case of a court-martial for the trial of a capital  offence the trial  judge advocate 
shall be a person nominated by the Judge Advocate-General of the Navy unless such trial is held outside 
Indian waters. 

(2) The trial judge advocate shall administer oath to every witness at the trial and shall perform such 

other duties as are provided in this Act and as may be prescribed. 

100.  Courts-martial  to  be  public.—The  place  in  which  a  court-martial  is  held  for  the  purpose  of 
trying an offence under this Act shall be deemed to be an open court to which the public generally may 
have access, so far as the same can conveniently  contain them: 

Provided that, if the court is satisfied that it is necessary or expedient in the public interest or for the 
ends of justice so to do, the court may at any stage of the trial of any particular case order that the public 
generally or any portion thereof or any particular person shall not have access to, or be or remain in, the 
place in which the court is held. 

101. Commencement  of  proceedings.—(1)  As  soon  as  the court  has  been assembled  the  accused 
shall be brought before it and the prosecutor, the person or persons, if any, defending the accused and the 
audience admitted. 

(2) Except where the accused defends himself, he may be defended by such person or persons as may 

be prescribed. 

(3)  The  trial  judge  advocate  shall  read  out  the  warrant  for assembling  the  court  and  the  names  of 
officers who are exempted from attending under sub-section (20) of section 97 together with the reasons 
for such exemption. 

(4) The trial judge advocate shall read out the names of the officers composing the court and shall ask 

the prosecutor whether he objects to any of them. 

(5) If the prosecutor shall have made no objection or after any objection made by the prosecutor has 

been disposed of, the trial judge advocate shall ask the accused if he objects to any member of the court. 

102. Objections  to  members.—The  following  provisions  shall  apply  to  the  disposal  of  objections 

raised by the prosecutor as well as the accused:— 

(a)  any  member  may  be  objected  to  on  a  ground  which  affects  his  competency  to  act  as  an 
impartial Judge; and the trial judge advocate may reject summarily without reference to the members 
of the court any objection  not made on such ground;  ‘ 

(b) objections to members shall be decided separately, those to the officer lowest in rank being 
taken first: provided that if the objection  is to the President, such objection shall be decided first and 
all the other members whether objected to or not shall vote as to the disposal  of the objection; 

(c)  on  an  objection  being  allowed  by  one-half  or  more  of  the  officers  entitled  to  decide 
the  objection, the member objected to shall at once retire and his place shall be filled up before  an 
objection  against another member is taken up;          

(d) should the president be objected to and the objection be allowed, the court shall adjourn until 
a new president has been appointed by the convening authority or by the officer empowered in this 
behalf by the convening  authority;  and 

36 

 
(e) should a member be objected to on the ground of being summoned as a witness and should it 
be found that the objection has been made in good faith and that the officer is to give evidence as to 
facts and not merely as to character, the objection  shall be allowed. 

103. Further objections.—(1) The trial judge advocate shall then ask the accused whether he has any 
further objections to make respecting the constitution of the court; and should the accused raise any such 
objection,  it shall then be decided by the court, which decision shall be final and the constitution  of the 
court-martial shall not be afterwards impeached and it shall be deemed in all respects to have been duly 
constituted. 

(2) If the accused should have no further objection to make to the constitution of  the court or if any 
objection is disallowed, the members and the trial judge advocate shall then make an oath or affirmation 
in the form set out in section 104. 

104.  Administering  oath  or  affirmation.—(1)  Before  the  court  shall  proceed  to  try  the  person 
charged, an oath or affirmation in the following form and manner shall be administered to the president 
and every member of the court-martial  in the order of their seniority  by the trial  judge advocate:— 

“I......................................do                      swear in the name of God 
                                                                                            solemnly affirm            that I will duly and faithfully 
and to the best of my ability, knowledge and judgment administer justice according to  law, without 
fear or favour, affection or ill-will, and that I will not on any account at any time whatsoever disclose 
or  discover  the  vote  or  opinion  of  any  particular  member  of  this  court-martial  unless  thereunto 
required in due course of law.” 
(2) The trial  judge advocate shall then be sworn or affirmed by the president in  the following  form:— 

“I......................................do                       swear in the name of God 
                                                                                           solemnly affirm            that I will  duly and faithfully 
and to the best of my ability, knowledge and judgment perform the duties of my office according to 
law,  without  fear  or  favour,  affection  or  ill-will,  and  that  I  will  not  upon  any  account  at  any  time 
whatsoever  disclose  or  discover  the  vote  or  opinion  of  any  particular  member  of  this  court-martial 
unless thereunto required in due course of law.” 
105. Arraignment.—(1) When the court is ready to commence the trial, the trial judge advocate shall 

read out the charges and shall  ask the accused whether he pleads guilty  or not guilty. 

(2)  If  the  accused  pleads  guilty,  then,  before  such  plea  is  recorded,  the  trial  judge  advocate  shall 
ensure  that  the  accused  understands  the  charge  to  which  he  has  pleaded  guilty  and  the  difference  of 
procedure which will  result from the plea of guilty. 

(3)  If  it  appears  from  the  accused’s  replies  or  from  the  summary  of  evidence  prepared  in  the 
prescribed  manner  that  he should  not  plead  guilty,  the  trial  judge  advocate  may  advise  the accused  to 
withdraw his plea. 

(4) If the court accepts the plea of guilty, it shall be recorded as the finding of the court and the court 
shall proceed to take steps to pass sentence unless there are other charges to be tried in which event the 
sentence shall be deferred until  after the findings  on such charges are given. 

106. Opening of  prosecution case.—(1) If the accused pleads not guilty or refuses to, or does not, 
plead  or  if  he claims  to  be  tried  or  if  in  the  circumstances  mentioned  in  sub-section  (3)  of  section  105 
withdraws the plea of guilty or if the court does not accept the plea of guilty, the court shall proceed to try 
the accused. 

(2) The prosecutor shall open his case by reading the circumstantial letter prepared in accordance with 
the regulations made under this Act, reading from this Act or the Indian Penal Code (45 of 1860) or other 
law the description of the offence charged and stating shortly by what evidence he expects to prove the 
guilt  of the accused. 

(3) The prosecutor shall then examine his witnesses. 
107.  Calling  of  prosecution  witness  not  in  the  original  list.—No  witness  whose  name was  not 
included  in  the  original  list  of  witnesses  supplied  to  the  trial  judge  advocate  and  the  accused  in 
accordance with regulations made under this Act shall  be called by the prosecutor unless the trial  judge 

37 

 
advocate  has  given  notice  to  the  accused  of  the  prosecutor’s  intention  to  call  such  witness  and  has 
supplied  the accused with a summary of the evidence of such witness. 

108.  Swearing of  interpreter  and shorthand-writer.—(1) At any time during the trial, should the 
court  think  it  necessary,  an  impartial  person  may  be  employed  to  serve  as  an  interpreter  and sworn  or 
affirmed as such in the following  manner:— 

“I......................................do         swear in the name of God 
                                                                           solemnly affirm            that I will to the best of my ability truly 

interpret and translate as I will  be required to do touching  the matter before this    court-martial.” 
(2) During the trial, an  impartial  person shall be employed as a shorthand-writer and duly sworn or 

affirmed as such in the following  manner:— 

“I......................................do          swear in the name of God 
                                                                         solemnly affirm              that I will truly take down to the best of 
my  power  the  evidence  to  be  given  before  this  court-martial  and  such  other  matters  as  I  will  be 
required, and when required, will  deliver  to the court a true transcript of the same.” 

109. Objection to interpreter or shorthand-writer.—(1) Before any person is sworn or affirmed as 
an interpreter or a shorthand-writer, the accused shall be asked if he objects to such person as not being 
impartial  and the court shall decide the objection. 

(2)  The  evidence  given  by  a  witness  shall  be  read  over  to  him  by  the  shorthand-writer  before  the 

witness leaves the court, if so required by the court or the witness. 

110.  Swearing  of  witnesses.—(1)  No witness  shall  be  examined  until  he  has  been  duly  sworn  or 

affirmed in the following  manner:— 

 I......................................do              swear in the name of God 
                                                                          solemnly  affirm                    that  the  evidence  which  I  shall  give 

before this court shall be the truth, the whole truth and nothing  but the truth.”. 

(2) Every person giving evidence on oath or affirmation before a court-martial shall be bound to state 

the truth. 

111. Plea of no case and defence of accused.—(1) When the examination of the witnesses for the 

prosecution is concluded, the accused shall be called on for his defence. 

(2) Before entering on his defence, the accused may raise a plea of no case to answer. 

(3) If such a plea is raided, the court will decide the plea after hearing the accused and the prosecutor 

and the advice of the trial judge advocate. 

(4)  If  the court  accepts  the  plea,  the  accused  shall  be acquitted  on  the  charge  or  charges  in  respect 

whereof the plea has been accepted. 

(5) If the court overrules the plea, the accused shall be called upon to enter on his defence. 

(6) The trial judge advocate shall then inform the accused that he may give evidence as a witness on 
his own behalf should he desire to do so and should he make a request in writing to do so, but that he will 
thereby render himself liable  to cross-examination. 

(7)  If  the accused  does  not  apply  to  give  evidence,  he  may  make  a  statement as  to  the  facts  of  the 
case, and if he has no defence witnesses to examine as to facts, the prosecutor may sum up his case and 
the accused shall be entitled to reply. 

(8) If the, accused or any one of the several accused applies to give evidence and there are no other 
witnesses  in  the  case  for  the  defence,  other  than  witnesses as  to  character,  then  the  evidence  of  such 
accused shall  be recorded and if the accused so desires the witnesses as to character shall  be examined 
and the prosecutor shall then sum up his case and the accused may reply. 

(9) If the accused or any one of the accused adduces any oral evidence as to facts other than his own 
evidence,  if  any,  the  accused  may  then  sum  up  his  case  on  the  conclusion  of  that  evidence  and  the 
prosecutor shall be entitled to reply. 

38 

 
112.  Adjournment  to  view.—(1) Whenever the court thinks that  it should view the place in which 
the offence charged is alleged to have been committed or any other place in which any other transaction 
material to the trial is alleged to have occurred, the court shall make an order to that effect and may then 
adjourn to the place to be viewed, along with the prosecutor and the accused and the person, if any, by 
whom the accused is represented. 

(2) The court on completion  of the view shall adjourn  and reassemble in the court-room. 

113. Summing up by the trial judge advocate.—When the case for the defence and the prosecutor’s 
reply,  if any, are concluded, the trial  judge advocate shall proceed to sum up in open court the evidence 
for the prosecution  and the defence and lay down the law by which the court is to be guided. 

114. Duties of the trial judge advocate.—(1) At all trials by  courts-martial it  is the duty of the trial 
judge advocate to decide all questions of law arising in the course of the trial, and specially all questions 
as to the relevancy of facts which it is proposed to prove and the admissibility of evidence or the propriety 
of the questions asked by  or on  behalf of the parties; and  in his discretion to  prevent the production of 
inadmissible  evidence whether it is or is not objected to by the parties. 

(2) Whenever in the course of a trial  it appears desirable to the trial  judge advocate that arguments 
and  evidence as  to  the  admissibility  of  evidence  or arguments  in  support  of  an  application  for  separate 
trials or on any  other points of  law should not  be heard in the presence of the court, he may advise the 
president of the court accordingly and the president shall thereupon make an order for the court to retire 
or direct the trial judge advocate to hear the arguments in some other convenient place. 

115. Duties of the court.—It is the duty of the court to decide which view of the facts is true and then 

arrive at the finding  which under such view ought to be arrived at. 

116. Retirement to consider finding.—(1) After the trial  judge advocate has finished his summing 

up, the court will  be cleared to consider the finding. 

(2) The trial judge advocate shall not sit with the court when the court is considering the finding, and 
no  person  shall  speak  to  or  hold  any  communication  with  the  court  while  the  court  is  considering  the 
finding. 

117. Announcement of the finding.—(1) When the court has considered the finding, the court shall 
be re-assembled and the president shall inform the trial judge advocate in open court what is the finding 
of the court as ascertained in accordance with section 124. 

(2) The court shall give its findings  on all the charges on which the accused is tried. 

118. Drawing  up  of  the  finding.—(1)  The  trial  judge  advocate  shall  then  draw  up  the  finding  as 

announced by the court. 

(2)  The finding  so  drawn  up shall  be  signed  by  all  the  members  of  the  court  by way  of attestation 
notwithstanding  any  difference  of  opinion  there  may  have  been  among  the  members  and  shall  be 
countersigned by the trial judge advocate. 

(3)  Where  the  finding  on  any  charge  is  one  of  not  guilty  the  court  shall  acquit  the  accused  of                   

that charge. 

(4) If the accused is acquitted of all the charges, the court shall, after signing the findings as provided 

in sub-section (2), be dissolved. 

(5)  Neither  the court  nor  the  trial  judge  advocate  shall  announce  in  open  court  whether  the  finding 
was  unanimous  or  not;  but  the  president  shall  make  a  record  of  the  division  of  voting  on  each  finding 
without disclosing the vote or opinion of any particular member of the court-martial and such record shall 
be communicated to the trial  judge advocate for transmission  to the Judge Advocate-General of the Navy. 

119. Evidence of character and previous convictions.—(1) If the accused is found guilty on any or 
all of the charges, the court before awarding punishment may call evidence as to the previous character 
and  qualifications  of  the accused and  in  addition  to  any  oral evidence  of  general character  that  may  be 

39 

 
adduced,  shall  take  into  consideration  the  following  documents  which  shall  be  read  by  the  trial  judge 
advocate in open court:— 

(a) for any officer— 

(i) any entries against him relating to his previous convictions in the list of officers who have 

been tried by court-martial;  and 

(ii)  any  previous  entries  against  him  in  the  log  of  the ship  to  which  he  may  have  belonged 
when the offence or offences for which he is being tried were committed and also any documents, 
other than such entries in the log, of the nature of a definite censure by superior authority, which 
log and documents the prosecution is to produce; and 

(iii) any certificate or other documents of character which the accused may produce; 

(b) for a 1[sailor]— 

(i) the entries against him  in the conduct and offences record sheets prior to the date of the 
offence charged, but subsequent to his joining his present ship, with character assessed from  the 
previous  31st  day  of  December  to  the  date  of  the  offence  for  which  he  may  be  under  trial  but 
excluding  all consideration  of the latter; 

(ii) his certificate of service; and 

(iii) any entries against him relating to his previous convictions in the list  of those who have 

been tried by court-martial. 

(2)  The accused  may  then  make a  statement  in  mitigation  of  punishment  and  lead  any evidence  of 

character if he has not already done so before the finding. 

120. Consideration of the sentence.—(1) The Court shall then retire and consider and determine on 
the punishment proper to be  inflicted  in conformity with the finding, and all the members of the court, 
whether they have voted for an acquittal or not, shall vote on the question of what punishment is proper to 
be awarded for the offence of which the accused has been found guilty. 

(2) The trial Judge advocate shall sit with the court while they are considering the sentence and assist 

the court in the determination  of the sentence but shall  not vote thereon. 

121.  Announcement  of  the  sentence.—(1)  When  the  court  has  decided  on  the  sentence  whether 
unanimously or  by  majority, the trial Judge advocate shall draw up the sentence in the prescribed form 
which shall be signed by every member of the court by way of attestation notwithstanding any difference 
of  opinion  there  may  have  been  among  the  members  and  shall  be  countersigned  by  the  trial  Judge 
advocate. 

(2) The court shall then be reassembled and the accused brought in and the trial Judge advocate shall 

by direction  of the court pronounce the sentence. 

(3) The accused shall then be removed and the court dissolved. 

122.  Adjournment.—(1)  A  court-martial  may,  if  it  appears  to  the  court  that  an  adjournment 
desirable, be adjourned accordingly, but except where such an adjournment is ordered, shall sit from day 
to day with the exception of Sundays until the trial is concluded, unless prevented from so doing by stress 
of weather or unavoidable  accident. 

(2) The proceedings of a court-martial shall not, after the commencement of a trial, be delayed by the 

absence of a member: 

Provided that not less than four members are present: and 

Provided further that  if any member  is absent from any part of the trial, he shall not thereafter take 

any part in the proceedings. 

1. Subs. by Act 53 of 1974, s. 2, for “seaman” (w.e.f. 16-12-1974).  

40 

 
                                                                 
 
123.  Provisions  relating  to  dissolution  of  courts-martial.—(1)  A  court-martial  assembled  under 

this Act shall be dissolved— 

(a)  when  the  number  of  members  comprising  the  court  is  after  the  commencement  of  a  trial 

reduced below four; 

(b) by the prolonged  illness  of the president, trial judge advocate or the accused; 

(c) by the death of the president or the trial judge advocate; 

(d) on the making of a report under sub-section (2) of section 143. 

(2) Whenever a court-martial is dissolved  by virtue of sub-section (1), the accused may be retired. 

124.  Ascertaining  the opinion of  the court.—(1) Subject to the provisions of sub-sections (2) and 

(3), every question for determination  by a court-martial shall be decided by the vote of the majority: 

Provided  that  where  there  is  an  equality  of  votes,  the  decision  most  favourable  to  the  accused                 

shall prevail. 

(2)  The  sentence  of  death shall  not  be  passed  on  any  offender  unless  four  at  least  of  the  members 
present at the court-martial where the number does not exceed five, and in all other cases a majority of not 
less than two-thirds of the members present, concur in the sentence. 

(3) Where in respect of an offence, the only  punishment which may  be awarded is death, a finding 
that a charge for such offence is proved shall not be given unless four at least of the members present at 
the court-martial where the number does not exceed five, and in all other cases a majority of not less than 
two-thirds of the members present, concur in the finding. 

125.  Finding  that  the  offe nce  was  committed  with 

intent 

involving 

less  degree  of              

punishment.—Where the amount of punishment for any offence depends upon the intent with which  it 
has  been  committed  and  any  person  is  charged  with  having  committed  such  an  offence with  an  intent 
involving a greater degree of punishment, a court-martial may find that the offence was committed with 
an intent involving  less degree of punishment  and award such punishment  accordingly. 

126.  Alternative  findings.—If  the  accused  is  charged  with  one  offence  and  it  appears  in  evidence 
that he committed a different offence for which he might have been charged under section 91, he may be 
convicted of the offence which he is shown to have committed although  he was not charged with it. 

127. Finding lesser offence proved on charge of greater offence.—(1) When a person is charged 
with  an  offence  consisting  of  several  particulars,  a  combination  of  some  only  of  which  constitutes  a 
complete minor offence and such combination is proved, but the remaining particulars are not proved, he 
may be convicted of the minor offence although  he was not charged with it. 

(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, 

he may be convicted of the minor  offence although  he was not charged with it. 

(3) When a person is charged with an offence, he may be convicted of an attempt to commit such an 

offence, although  the attempt is not separately charged. 

128. Transmission of proceedings to the Judge Advocate General of the Navy.—The trial Judge 
advocate shall transmit in accordance with the prescribed procedure with as much expedition as may be, 
the original proceedings or a complete and authenticated copy thereof and the original sentence of every 
court-martial  attended  by  him  to  the  Judge  Advocate  General  of  the  Navy  to  be  dealt  with  by  him  in 
accordance with the provisions  of Chapter XV. 

129. Right of accused to copy of proceedings and sentence.—Every person tried by a court-martial 
and  convicted  shall  be  entitled  on  demand  to  one  copy  of  the  proceedings  and  sentence  of  such  court-
martial free of cost but no such demand shall be allowed after the lapse of one year from the date of the 
final  decision of such court. 

Rules as to evidence 

130. Application  of  the Evidence Act.—Subject to the provisions of this Act, the Indian Evidence 

Act, 1872 (1 of 1872),  shall apply  to all proceedings before a court-martial. 

41 

 
131. Accused competent witness for defence.—A person of an offence before a court-martial shall 
be a competent witness for the  defence and may give evidence on oath in  disproof of the charges made 
against him  or any person charged together with him at the same trial: 
Provided that— 

(a) he shall  not be called as a witness except on his own request in writing;  or 
(b) his failure to give evidence shall not be made the subject of any comment by any of the parties 
or the court or give rise to any presumption against himself or any person charged together with him 
at the same trial. 
132.  Judicial  notice.—A  court-martial  may  take  judicial  notice  of  any  matter  within  the  general 

naval, army or air force experience and knowledge of the members. 

133. Presumption as to certain documents.—(1) Whenever it is necessary for the purposes of either 
the prosecution or the defence to prove the contents of any voucher, receipt, account, muster, ship’s book, 
letter,  signal,  telegram  or  other  document  made  or  kept  in  pursuance  of any  Act  of  the  legislature,  any 
regulations  framed  under  this  Act  or  of  the custom  of  the  service,  a copy  of  the  same  purportin g  to  be 
signed and certified as a correct copy by the officer for the time being commanding the ship in which the 
same was made or kept or by a Secretary to the Central Government, may be received as evidence of such 
document and of the matters, transactions and accounts therein recorded. 

(2) A Navy List or Gazette or other official document purporting to be published by authority of the 
Central Government or the Chief of the Naval Staff shall be evidence of the status and rank of officers 
therein mentioned  and of any appointment  held by such officers until  the contrary is proved 

(3) Where it is shown that a person is borne on the books of a ship of the Indian Navy, such fact shall 

be evidence that such person is subject to naval law until  the contrary is  proved. 

Explanation.— In this section, the term  “books of a ship” shall  include any official book, document 

or list  purporting  to contain the name or names of persons appointed to the ship. 

(4) Where any person subject to naval law is being tried on a charge of desertion, improperly leaving 
his ship,  or absence without  leave and such person has surrendered himself  into custody of or has been 
apprehended  by  any  person  subject  to  naval  law  or  by  a  person  subject  to  the  law  relating  to  the 
Government  of the regular Army or the Air Force, a certificate purporting  to be signed  by such  person 
and stating the fact, date and place of such surrender or apprehension shall be evidence of the matters so 
stated unless the contrary is proved. 

(5) Where any person subject to naval law is being tried on a charge of desertion, improperly leaving 
his  ship,  or  absence  without  leave  and  such  person  has  on  arrest  or  surrender  been  taken  to  a  police 
station,  a  certificate  purporting  to  be  signed  by  the  officer-in-charge  of  the  station  and  stating  the  fact, 
date  and  place  of  such  surrender  or  apprehension  shall  be  evidence  of  the  matters  stated  unless  the 
contrary is proved. 

1[(6) Any document purporting  to be a report under the hand of:— 

(a) any Chemical Examiner or Assistant Chemical Examiner to the Government; 
(b) the Chief Inspector of Explosives; 
(c) the Director of Finger Print Bureau; 
(d) the Director of Haffkeine Institute,  Bombay; 

(e) the Director, Deputy Director or Assistant Director of a Central Forensic Science Laboratory 

or a State Forensic Science Laboratory; 
(f) the Serologist  to the Government, 

uponany matter or thing duly submitted to him for examination or analysis, may be used an evidence in 
any proceeding under this Act.] 

1. Subs. by Act 23 of 2005, s. 5, for sub-section (6) (w.e.f. 23-6-2005). 

42 

 
                                                                 
(7) The statement of a naval, army or air force medical officer taken and attested by the commanding 

officer of a ship or establishment may be given in evidence in any proceeding under this Act: 

Provided that the court may, if it thinks fit, and shall if so required by the prosecutor or the  accused, 

summon and examine such medical officer as to the subject-matter of his statement. 

(8)  If  it  is  proved  that  an  offender  under  this  Act  has  absconded  and  that  there  is  no  immediate 
prospect  of  arresting  him,  the  commanding  officer  or  other  prescribed  person  may,  in  his  absence, 
examine any person who might appear to him to be acquainted with the case and record their depositions 
on oath and any such deposition may on the arrest of such person be used in evidence against him  in any 
proceeding  under  this  Act,  if  the  deponent  is  dead  or  incapable  of  giving  evidence  or  his  attendance 
cannot be procured without an amount of delay, expense or inconvenience which under the circumstances 
of the case would be unreasonable. 

134. Summoning of witnesses.—(1) Every person who may be required to give evidence or produce 
a document before a court-martial shall be summoned in the prescribed manner in writing under the hand 
of the Judge Advocate General of the Navy or the trial judge advocate. 

(2) Every person who may be required to give evidence before a commanding  officer or the officer 
preparing  a  summary  of  evidence  in  accordance  with  the  regulations  made  under  this  Act  or  before a 
board  of  inquiry  shall  be  summoned  in  the  prescribed  manner  by  writing  under  the  hand  of  the  Judge 
Advocate  General  of  the  Navy  or  the  senior  officer  in  the  station  or  such  other  officer  prescribed  in                
this behalf. 

(3) In the case of a witness subject to naval law or to the law relating to the Government of the regular 

Army or the Air Force, the summons shall be served in the manner prescribed. 

(4) In the case of any other witness, the summons shall be served either in the prescribed manner, or it 
shall be sent to the magistrate within whose jurisdiction the witness may be or resides and such magistrate 
shall give effect to the summons as if the witness were required in the court of such magistrate. 

(5)  When  a  witness  is  required  to  produce  any  particular  document  or  thing  in  his  possession  or 

power, the summons shall describe it with reasonable precision. 

(6) Every person not subject to naval  law who may be summoned as aforesaid shall be allowed and 

paid such reasonable expenses as may be prescribed. 

(7) Nothing  in  this  section  shall  be  deemed  to  affect  the  operation  of  sections  123  and  124  of  the 
Indian  Evidence  Act,  1872  (1  of  1872),  or  to  apply  to  any  document  in  the  custody  of  the  postal  or 
telegraph authorities. 

135. Commissions  for examination of  witnesses.—(1) Whenever in the course of a trial by court-
martial, it appears to the trial judge advocate that the examination of a witness is necessary for the ends of 
justice and that the attendance of such witness cannot be procured without an amount of delay, expense or 
inconvenience which under the circumstances of the case would be unreasonable, the trial judge advocate 
may dispense with such attendance and may apply to the Judge Advocate General of the Navy to issue a 
commission  to  1[any  metropolitan  magistrate  or  judicial  magistrate  of  the  first  class]  within  the  local 
limits  of whose jurisdiction  such witness resides, to take the evidence of such witness. 

(2)  The  trial  in  such  an  event  may  be  adjourned  for  a  specified  time  reasonably  sufficient  for  the 

execution and return of the commission. 

(3) The Judge Advocate General of the Navy on receipt of an application under sub-section (1) may, 
if he thinks fit, issue a commission to the 2[metropolitan magistrate or judicial magistrate of the first class 
or an authority exercising the powers equivalent to those of a judicial magistrate of the first class under 
the Code of Criminal  Procedure, 1973 (2 of 1974),] for the examination  of the witness. 

1. Subs. by Act 48 of 1982, s. 7, for “any district magistrate or a magistrate of the first class” (w.e.f. 16-10-1982). 
2. Subs by s. 7, ibid., for certain words and figures (w.e.f. 16-10-1982). 

43 

 
                                                                 
(4) The magistrate or authority to whom the commission is  issued or  1[if he  is a Chief Metropolitan 
Magistrate or a Chief Judicial Magistrate, he or such metropolitan magistrate or judicial magistrate of the 
first class as is appointed by him  in this behalf] shall proceed to such place where the witness is or shall 
summon the witness before him and shall take down his evidence in the  same manner and may for this 
purpose exercise the same powers as in trials of warrant cases under the 2[Code of Criminal Procedure, 
1973 (2 of 1974)], or of any corresponding  law in force at the place where the evidence is recorded. 

136.  Examination  of  witnesses  on  commission.—(1)  Where  a  commission  is  issued  under  the 
provisions of section 135, the prosecutor and the accused may respectively forward any interrogatories in 
writing which the trial judge advocate may think relevant to, the issue and the magistrate or authority to 
whom the commission is directed or to whom the duty of executing such commission has been delegated 
shall examine the witness upon such interrogatories. 

(2)  The  prosecutor  and  the  accused  may  appear  before such  magistrate  or  authority  by  counsel  or, 
except in the case of an accused person in custody,  in  person, and may examine, cross-examine arid re-
examine, as the case may be, the said witness. 

(3) After a commission issued under section 135 has been duly executed, it shall be returned together 
with the deposition of the witness examined thereunder to the Judge Advocate General of the Navy who 
issued the commission. 

(4)  On  receipt  of  the  commission  and  the  deposition  returned  under  sub-section  (3),  the  Judge 
Advocate General of the Navy shall forward the same to the trial  judge advocate at whose instance the 
commission  was issued. 

(5)  The  commission,  the  return  thereto  and  the  deposition  shall  be  open  to  inspection  by  the 
prosecutor and the accused and may subject to all just exceptions be read in evidence in the case by either 
the prosecutor or the accused and shall form part of the proceedings of the trial. 

(6) Any deposition so taken shall be received in evidence at any subsequent stage of the trial whether 
before the same court or, if the said court is dissolved meanwhile, before another court convened for the 
trial of the accused in respect of the same charges. 

137. Power to summon and examine material witnesses.—(1) The trial judge advocate may, at any 
stage  of  the  trial,  summon  any  person  as  a  witness  or  examine  any  person  in  attendance,  though  not 
summoned  as  a  witness,  or  recall  and  re-examine  any  person  already  examined;  and  the  trial  judge 
advocate shall summon and examine or recall and re-examine any such person if his evidence appears to 
the court or to the trial judge  advocate as essential to the just decision  of the case. 

(2) Summons to the witnesses shall be issued as provided  under this Act. 

Compensation to aggrieved persons out of fine 

138. Power of court to pay compensation out of fine.—(1) Whenever a court-martial imposes a fine 
as a punishment, the court may when passing judgment order the whole or any part of the fine recovered 
to be applied,— 

(a) in the payment to any person aggrieved as compensation for any loss or  injury caused by the 

offence; 

(b)  When  any  person  is  convicted  of  any  civil  offence  which  includes  theft,  criminal 
misappropriation, criminal breach of trust or cheating or of having dishonestly received or retained or 
of having voluntarily assisted in disposing of stolen property knowing or having reason to believe the 
same to be stolen property, in compensating any bona fide purchaser of the property for the loss of the 
same if such property is restored to the possession of the person entitled  thereto. 

(2) No such payment or compensation shall, however, be made before the expiry of fifteen days from 
the date of the sentence, and when a petition is presented against the conviction or sentence until the said 
petition  is disposed of Power of courts-martial respecting contempt, etc. 

1. Subs. by Act 48 of 1982, s. 7, for certain words (w.e.f. 16-10-1982). 
2. Subs. by s. 7, ibid., for  “Code of Criminal  Procedure, 1898 (5 of 1898)” (w.e.f. 16-10-1982). 

44 

 
                                                                 
Power of courts-martial respecting contempt, etc. 

139.  Summary  punishment  for  contempt  of court  by  person subject  to  naval  law.—When any 
person  subject  to  naval  law commits  any  offence  as  is  described  in  section  69  in  the  presence  of  or  in 
relation to a proceeding before a court-martial such court-martial may punish the offender summarily by 
imprisonment  for  a  term which  may  extend  to  three  months  or  such  other  less  punishment  as  may  be 
awarded for that offence under section 69. 

140.  Summary  punishment  for  contempt  of  court  by  person  not subject to  naval  law.—When 
any person not subject to naval law commits an offence as is described in section 165 in the presence of a 
court-martial, such court-martial may take such person into custody and at any time before the rising of 
the court on the same day, if it thinks fit, take cognizance of the offence and sentence the offender to fine 
not exceeding two hundred rupees or in default of payment to simple imprisonment for a term which may 
extend to one month,  unless such fine shall be sooner paid. 

141. Powers of  court-martial  when  certain  offences  are  committed  by  persons  not subject  to 
naval  law.—When  any  such  offence  as  is  described  in  section  165  of  this  Act,  or  section  193,  section 
194,  section  195,  section  196,  section  199,  section  200,  section  228,  section  463  or  section  471  of  the 
Indian Penal Code (45 of 1860) is committed by any person not subject to naval law in or in relation to a 
proceeding before a court-martial, such court-martial or the officer ordering the same if such court-martial 
is dissolved, may exercise the powers 1[under section 340 of the Code of Criminal Procedure, 1973 (2 of 
1974),] as if it or he were a criminal  court within  the meaning of that section. 

142.  Powers  of  courts-martial  and  disciplinary  courts  in  relation  to  proceedings  under  this 
Act.—Any trial by a court-martial or disciplinary court under the provisions of this Act shall be deemed 
to  be  a  judicial  proceeding  within  the  meaning  of  sections  193  and  228  of  the  Indian  Penal  Code              
(45 of 1860), and the court-martial or disciplinary court shall be deemed to be a court within the meaning 
of 2[sections 345 and 346 of the Code of Criminal  Procedure, 1973 (2 of 1974).] 

Lunacy of accused 

143. Accused found insane during trial.—(1) Where it appears in the course of the trial by court-
martial of any person, charged with an offence that such person is insane, the court shall find specially the 
fact  of  his  insanity  and  shall  order  such  person  to  be  kept  in  strict  custody  in  such  place  and  in  such 
manner as the court may deem fit until  the directions  of the Central Government thereupon are known. 

(2) Every such case shall be reported by the court to the convening authority for orders of the Central 
Government and it shall be lawful for the Central Government to give orders for the safe custody of such 
person in such place and in such manner as the Central Government may deem fit. 

(3)  Whenever  on  the  receipt  of  a  report  from  the  Central  Government  or  otherwise  the  convening 
authority considers that such person is capable of making his defence, the convening authority may take 
steps to convene a court-martial for the trial  of such person. 

144. Lunacy of the accused at the time of offence .—(1) Whenever any person subject to naval law 
is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, 
by reason of unsoundness of mind,  incapable of knowing the nature of the act alleged as constituting the 
offence, or that it was wrong or contrary to law, the finding shall specifically state whether he committed 
the act or not. 

(2) Whenever the finding made under sub-section (1) states that the accused person committed the act 
alleged,  the  court-martial  shall,  if  such  act  would,  but  for  the  incapacity  found,  have  constituted  an 
offence,  order  such  person  to  be  detained  in  safe custody  in  such  place and  in  such  manner  as  may  be 
prescribed and shall report the action taken to the officer convening  the court. 

1.  Subs.  by  Act  48  of  1982,  s.  8,  for  “under  section  476  of  the  Code  of  Criminal  Procedure,  1898  (5  of  1898) ”                                  

(w.e.f. 16-10-1982). 

2.  Subs  by  s.  9,  ibid.,  for  “under  sections  480  and  482  of  the  Code  of  Criminal  Procedure  Code,  1898  (5  of  1898)”                            

(w.e.f. 16-10-1982). 

45 

 
                                                                 
 
(3) The officer convening the court shall then report the case for the orders of the Central Government 

and shall take necessary steps to detain the said person in safe custody pending  receipt of such orders. 

(4)  The  Central  Government  may  on  receipt  of  a  report  under  sub-section  (3)  order  the  accused 

person to be detained in a mental hospital  or other suitable  place of safe custody.  

Disposal of property 

145. Disposal of property pending trial.—When any property regarding which an offence appears 
to have been committed or which appears to have been used for the commission of an offence is produced 
before a court-martial, the court may make such order as it thinks fit for the proper custody such property 
pending  the  conclusion  of  the  trial  and  if  the  property  is  subject  to  speedy  or  natural  decay  may  after 
recording such evidence as it thinks  necessary order it to be sold or otherwise disposed of. 

146. Disposal of property regarding which offence is committed.—(1) When the trial before any 
court-martial is concluded, the court may  make such order as it thinks fit for the disposal by destruction, 
confiscation or delivery to any person claiming to  be entitled to possession thereof or otherwise of any 
property or document produced before it or in its custody or regarding which an offence appears to have 
been committed  or which has been used for the commission  of any offence: 

Provided that except in the case of property which is subject to speedy or natural decay such property 
or document shall,  if so required by regulations, made under  this Act, be kept in custody until the orders 
of the Chief of the Naval Staff are known. 

(2)  An  order  under  sub-section  (1)  shall  not  be  carried  out  for  one  month,  unless  the  property  is 

subject to speedy or natural decay. 

(3)  When  an  order  under  this  section  cannot  be  conveniently  carried  out  by  persons  in  the  naval 
service,  a  copy  of  such  order  certified  by  the  Chief  of  the  Naval  Staff  or  an  officer  prescribed  in  this 
behalf, may be sent to a magistrate within whose jurisdiction the property is for the time being situate and 
such magistrate shall thereupon take steps to cause the order to be carried into effect as if it were an order 
passed by him. 

Explanation.— In this section the term  “property” includes,  in the case of property regarding which 
an  offence  appears  to  have  been  committed,  not  only  such  property  as  has  been  originally  in  the 
possession or under the control of any person, but also any property into or for which the same may have 
been  converted  or  exchanged  and  anything  acquired  by  such  conversion  or  exchange  whether 
immediately  or otherwise. 

CHAPTER XIV 

EXECUTIVE OF SENTENCES 

147.  Form  of  sentence  of  death.—In  awarding  a  sentence  of  death,  a  court-martial  shall  in  its 
discretion direct that the offender shall suffer death by being hanged by the neck until he be dead or shall 
suffer death by being shot to death. 

148. Interim custody until execution of sentences of death.—A person sentenced to death may be 
detained in naval custody or may be removed to a civil prison to be kept in custody until further orders be 
received  from  the  Central  Government,  the  Chief  of  the  Naval  Staff  or  the  officer  ordering  the  court-
martial  by  which  he  was sentenced  to  death  or  other  prescribed  officer and  the  order  in  the  prescribed 
form of the Central Government, the Chief of the Naval Staff or the convening authority or such officer 
shall be sufficient warrant for detaining  the person in custody. 

149. Execution of sentences of death.—(1) When a sentence of death is to be executed, the Chief of 
the Naval Staff or the convening authority  or the prescribed officer shall give directions as to the time, 
place and manner in which sentence is to be carried out and the order of such officer or authority in the 
prescribed form shall be sufficient warrant for the execution of such sentence. 

(2) There shall be attached to the prescribed form an order of the Central Government certifying the 
confirmation  of  the  sentence  by  the  Central  Government  in  all  cases  where  such  confirmation  is 

46 

 
necessary; and where such confirmation  is not necessary, a certificate of the Chief of the Naval Staff or 
other prescribed officer stating that such confirmation  is not necessary. 

150.  Place  of 

imprisonment  and  detention.—(1)  Every  term  of  imprisonment  whether 
imprisonment  was  awarded  as an  original  or  commuted  punishment  may  be  served  in  a  naval  prison, 
naval  detention  quarters  or  in  any  civil  prison,  house  of  correction  or  military  or  air  force  prison  or 
detention barracks. 

(2)  Every  term  of  detention  whether  the  detention  was  awarded  as  an  original  or  commuted 

punishment  may be served in any naval detention quarters or army or air force detention barracks. 

(3) Where  in  pursuance  of  this  Act,  a  person  is  sentenced  to  imprisonment  or  detention  or  has  his 
sentence  commuted  to  imprisonment  or  detention,  the  order  in  the  prescribed  form  of  the  Central 
Government or the Chief of the Naval Staff or the officer ordering the court-martial by which such person 
was sentenced or the senior officer present in port or, if he was sentenced by the commanding officer of a 
ship, or other officer empowered under this Act to exercise like powers, the order in the prescribed form 
of such commanding officer or other officer, shall be a sufficient warrant for the sending of such person 
to the place of imprisonment or detention, as the case may be, thereto undergo the sentence according to 
law, or until he reaches such place of imprisonment or detention for detaining him  in naval custody  or in 
the case of a person sentenced to imprisonment,  in any civil  prison or place of confinement. 

151. Commencement of sentence.—(1) Subject to the provisions of 1[sub-sections (2) and (3)] every 
term of imprisonment or detention awarded in pursuance of this Act shall be reckoned as commencing on 
the day on which the sentence was awarded. 

(2) Where by reason of a ship being at sea or off a place at which there is no proper prison or naval 
detention quarters, a sentence of imprisonment or detention, as the case may be, cannot be duly executed, 
then subject as hereinafter mentioned, an offender under the sentence of imprisonment or detention, as the 
case  may  be,  may  be  sent  with  all  reasonable  speed  to  some  place at  which  there  is a  proper  prison  or 
naval detention quarters or in the case of an offender under sentence of detention to some place at which 
there are some naval detention quarters in which the sentence can be duly executed; and on arrival there, 
the offender shall undergo his sentence in like manner as if the date of such arrival were the day on which 
the  sentence  was  awarded  and  notwithstanding  that  in  the  meanwhile  he  has  returned  to  his  duty  or 
become entitled to his discharge; and the term of imprisonment or detention, as the case may be, shall be 
reckoned  accordingly,  subject  however  to  the  deduction  of  any  time  during  which  he  has  been  kept  in 
confinement in respect of the said offence. 

2[(3) Whenever any offender is sentenced  by a court-martial to a term of imprisonment,  in pursuance 
of this Act, not being imprisonment in default of payment of fine, the period spent by him in civil or naval 
custody  during  investigation,  inquiry  or  trial  of  the  same  case,  and  before  the  date  of  order  of  such 
sentence, shall be set off against the terms of imprisonment  imposed upon him, and the liability of such 
offender to undergo imprisonment on such order of sentence shall be restricted to the remainder, if any, of 
the term of imprisonment  imposed  upon him.] 

152. Imprisonment of offender already under sentence .—Whenever a sentence shall be passed by 
a court-martial  on  an  offender already  under sentence  either  of  detention  or  imprisonment  passed  upon 
him under this Act for a former offence, the court may award a sentence of detention or imprisonment for 
the  offence  for which  he  is  under  trial  to  commence  at  the expiration  of  the  sentence  of  detention  or 
imprisonment  to which he has been previously  sentenced: 

Provided that so much of any term of detention  imposed on a person by a sentence in pursuance of 

this section as will  prolong  the total term of detention beyond two years shall be deemed to be remitted. 

153. Change of place of confinement.—Whenever it is deemed expedient, it shall be lawful for the 
Central Government, the Chief of the Naval Staff or senior officer present, by an order in writing in the 
prescribed  form,  from  time  to  time  to  change  the  place  of  confinement  of  any  offender  imprisoned  or 

1. Subs. by Act 23 of 2005, s. 6, for “sub-section (2)” (w.e.f. 23-6-2005). 
2. Ins. s. 6, ibid. (w.e.f. 23-6-2005). 

47 

 
                                                                 
 
sentenced  to  be  imprisoned  or  detained  in  pursuance  of  this  Act  or  of  any  offender  undergoing  or 
sentenced to undergo detention; and the gaoler or other person having the custody of such offender shall 
immediately on the receipt of such order remove such offender to the gaol, prison or house of correction 
or,  in  the  case  of  an  offender  undergoing  or  sentenced  to  undergo  detention,  to  the  naval  detention 
quarters  mentioned  in  the  said  order,  or  shall  deliver  him  over  to  naval  custody  for  the  purpose  of  the 
offender  being  removed  to  such  prison  or  naval  detention  quarters,  and every  gaoler  or  keeper  of  such 
last-mentioned prison, gaol, or house of correction or naval detention quarters shall, upon being furnished 
with such order of removal, receive into his custody and shall confine pursuant to such sentence or order 
every such offender. 

154.  Discharge or  removal of  prisoners .—Whenever any offender is undergoing  imprisonment or 
detention in pursuance of this Act, it shall be lawful for the Central Government or the Chief of the Naval 
Staff, or where an offender is undergoing imprisonment or detention by order of his commanding officer, 
for such commanding officer or the Central Government or the Chief of the Naval Staff, to give an order 
in writing  in the prescribed form directing that the offender be discharged; and it shall also be lawful for 
the Central Government and the Chief of the Naval Staff, by order in writing  in the prescribed form, to 
direct that any such offender be delivered over to naval custody for the purpose of being brought before a 
court-martial,  either  as a  witness  or  for  trial  or  otherwise,  and  such  offender  shall  accordingly,  on  the 
production  of any such order, be discharged, or be delivered over to such custody. 

155. Time of detention in naval custody.—The time during which any offender under sentence of 
imprisonment or detention  is detained  in naval custody shall  be reckoned as imprisonment  or detention 
under  his  sentence  for  whatever  purpose  he  is  so  detained;  and  the  governor,  gaoler,  keeper  or 
superintendent who shall deliver over any such offender shall again receive him from naval custody, so 
that he may undergo the remainder of his punishment. 

156. Removal of insane prisoners .—If any person imprisoned or undergoing detention by virtue of 
this Act shall become insane, and a certificate to that effect shall be given by two physicians or surgeons, 
the  Central  Government  shall,  by  warrant  in  the  prescribed  form,  direct  the  removal  of  such  person  to 
such  asylum  or  other  proper  receptacle  for  insane  persons  in  India  as  it  may  judge  proper  for  the 
unexpired  term  of  his  imprisonment  or  detention;  and  if  any  such  person  shall  in  the  same  manner  be 
certified to be again of sound mind, the  Central Government may issue a warrant in the prescribed form 
for  his  being  removed  to  such  prison  or  place  of  confinement  or  in  the  case  of  a  person  sentenced  to 
detention,  such  naval  detention  quarters  as  may  be  deemed expedient,  to  undergo  the  remainder  of  his 
punishment,  and  every  gaoler  or  keeper  of  any  prison,  gaol,  or  house  of  correction  shall  receive  him 
accordingly. 

157.  Naval  prisons  and  naval  detention  quarters.—The Central  Government  may  set  apart  any 
buildings or vessels or any parts thereof as naval prisons or naval detention quarters and any buildings, 
vessels or parts of buildings or vessels so set apart as naval prisons or naval detention quarters, as the case 
may be, shall be deemed to be naval prisons or naval detention quarters respectively within the meaning 
of this Act. 

158. Execution of sentence of fine .—When a sentence of fine is imposed under this Act by a court-
martial  or  disciplinary  court,  the  officer  ordering  the  court-martial  or  disciplinary  court  may  transmit  a 
copy  of  the  order  imposing  the  fine  duly  certified  under  his  hand  to  any  magistrate  in  India,  and  such 
magistrate  shall  thereupon  cause  the  fine  to  be  recovered  in  accordance  with  the  provisions  of  the              
1[Code of Criminal Procedure, 1973(2 of 1974),] or any law corresponding thereto in force in the State of 
Jammu and Kashmir* as if it were a sentence of fine imposed by such magistrate. 

159.  Power  to  make  regulations  in  respect of  naval  prisons  and  detention  quarters.—(1)  The 

Central Government may, by  notification  in the Official Gazette, make regulations  providing,— 

(a) for the government,  management and regulation  of naval prisons and detention  quarters; 

(b) for the appointment  and removal and powers of inspectors, visitors  and officers thereof; 

1. Subs. by Act 48 of 1982, s. 10, for “Code of Criminal  Procedure, 1898 (5 of 1898)” (w.e.f. 16-10-1982). 

*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and 

Kashmir and the Union territory of Ladakh. 

48 

 
                                                                 
 
(c) for the food,  bedding  and clothing  of prisoners or persons undergoing  detention  therein; 

(d) for the labour of such prisoners or persons therein and for enabling such prisoners or persons 

to earn by special industry  and good conduct remission of a portion  of their sentence; and 

(e) for the care of such prisoners or persons, their safe custody and the maintenance of good order 
and  discipline  among  them  and  the  punishment  by  personal  correction,  restraint  or  otherwise  of 
offences committed by such prisoners or persons. 

(2) The regulations to be made under this section may apply to naval prisons or detention quarters any 
of the provisions of the Prisons Act, 1894 (9 of 1874), and rules made thereunder, imposing punishments 
on any persons not being prisoners or relating to the duties of gaolers, medical officers and other officers 
of the prisons. 

(3)  The  regulations  to  be  made  under  this  section  shall  not  authorise  corporal  punishment  to  be 

inflicted  for any offence. 

CHAPTER XV 

JUDICIAL REVIEW OF COURTS-M ARTIAL PROCEEDINGS 

160. Judicial review by the Judge Advocate General of the Navy.—(1) All proceedings of trials by 
court-martial  or  by  disciplinary  courts  shall  be  reviewed  by  the  Judge  Advocate  General  of  the  Navy 
either  on  his  own  motion  or  on  application  made  to  him  within  the  prescribed  time  by  any  person 
aggrieved  by  any  sentence  or finding,  and  the  Judge  Advocate  General  of  the Navy  shall  transmit  the 
report of such review together with such recommendations as may appear just and proper to the Chief of 
the Naval Staff for his consideration  and for such action as the Chief of the Naval Staff may think fit. 

(2) Where any person aggrieved has made an application under sub-section (1), the Judge Advocate 
General of the Navy may,  if the circumstances of the case so require, give him an opportunity of being 
heard either in person or through a legal practitioner or an officer of the Indian Navy. 

161.  Consideration  by  the  Chief  of  the  Naval  Staff.—(1)  On  receipt  of  the  report  and 
recommendations  if  any,  under  section  160,  the  Chief  of  the  Naval  Staff  shall  in  all  cases  of  capital 
sentence  and  in  all  cases  where  the  court-martial  is  ordered  by  the  President,  and  may  in  other  cases 
transmit the proceedings and the report to the Central Government together with such recommendations 
as he may deem fit to make. 

(2) Nothing in section 160 or this section shall authorise the Judge Advocate General of the Navy or 
the Chief of the Naval Staff to make any recommendation for setting aside, or the Central Government to 
set aside, an order of acquittal  passed under this Act. 

CHAPTER XVI 

MODIFICATIONS OF FINDINGS AND SENTENCES, PARDONS AND COM MUTATION,                                       

REM ISSION AND SUSPENSION OF SENTENCES 

162.  Petitions  to  the  Central  Government  or  Chief  of  the  Naval  Staff  against  findings  or 
sentences.—Any person subject to naval law who considers himself aggrieved by a finding or sentence of 
any court-martial may present a petition to the Central Government or to the Chief of the Naval Staff, and 
the Central Government or the Chief of the Naval Staff, as the case may be, may pass such order thereon 
as may be thought  fit. 

163. Powers of Central Government and the Chief of the Naval Staff in respect of findings and 
sentences.—(1) Where any person is tried under the provisions of this Act, the Central Government or the 
Chief of the Naval Staff, may, in the case of a conviction,— 

(a)  set  aside  the  finding  and  sentence  and  acquit  or  discharge  the  accused  or  order  him  to  be 

retried, or 

(b) alter the finding, maintaining the sentence (provided that such sentence may be legally passed 

on the altered finding),  or 

49 

 
(c) with or without altering the finding, reduce the sentence or commute the punishment awarded 

for any punishment  inferior in  scale, or 

(d) either  with  or  without  conditions,  pardon  the  person  or  remit  the  whole  or  any  part  of  the 

punishment  awarded, or 

(e) either with or without conditions,  release the person on parole: 

Provided  that  a  sentence  of  imprisonment  shall  not  be  commuted  for  a  sentence  of  detention  for  a 
term  exceeding  the  term  of  imprisonment  awarded,  and  a  sentence  of  dismissal  with  disgrace  not 
accompanied by a sentence of imprisonment  shall not be commuted for a sentence of detention:   

Provided further that nothing  in this section shall authorise the Central Government  or the Chief of 

the Naval Staff to enhance the sentence. 

(2) Any sentence modified under the provisions of sub-section (1) shall be carried into execution as if 

it had been originally  passed. 

(3) If any condition on which a person  has been pardoned or released on parole or a punishment has 
been  remitted  is  in  the  opinion  of  the  authority  which  granted  the  pardon,  release  or  remission  not 
fulfilled,  such  authority  may  cancel  the  pardon  or  release  or  remission  and  thereupon  the  sentence 
awarded shall be carried into effect as if such pardon, release or remission had not been granted:  

Provided  that  in  the  case  of  a  person  sentenced  to  imprisonment  or  detention  such  person  shall 

undergo only  the unexpired portion  of the sentence. 

1[163A.  Provision  relating  to  parole.—Where any person is tried under the provisions of this Act, 
the Central Government or the chief of the Naval Staff or the Flag Officers commanding-in-Chief of the 
Naval Commands may  in the case of conviction either with  or without conditions release the person on 
parole.] 

164.  Suspension  of  sentences.—(1)  Where  a  person  has  been  sentenced  to  imprisonment  or 
detention, the Central Government or the officer who by virtue of the foregoing section or sub-section (3) 
of  section  150  has  power  to  issue an  order  of  committal  (hereinafter  in  this  section  referred  to  as  “the 
committing authority”) may, in lieu of issuing such an order, order that the sentence be suspended until an 
order of committal  is issued, and in such case— 

(a)  notwithstanding  anything  in  this  Act,  the  term  of  the  sentence  shall  not  be  reckoned  as 

commencing until  an order of committal  is issued; 

(b) the case may at any time, and shall at intervals of not more than three months, be reconsidered 
by  the  Central  Government  or  committing  authority  or  the  prescribed  officer,  and  if  on  any   such 
reconsideration  it  appears  to  the  Central  Government  or  committing  authority  or  such  prescribed 
officer that the conduct of the offender since his conviction has been such as to justify a remission of 
the sentence, the Central Government or committing authority or such prescribed officer shall remit 
the whole or any part of it; 

(c)  subject  to  regulations  made  under  this  Act,  the  Central  Government  or  the  committing 
authority or such prescribed officer may at any time whilst the sentence is suspended issue an order of 
committal  and thereupon the sentence shall cease to be suspended; 

(d) where a person subject to naval law, whilst a sentence on him is so suspended, is sentenced to 
imprisonment or detention for any other offence then, if he is at any time committed either under the 
suspended sentence or under any such subsequent sentence, and whether or not any such subsequent 
sentence has also been suspended, the committing authority  may direct that the two sentences shall 
run either concurrently or consecutively, so, however, as not to cause a person to undergo detention 
for a period exceeding the aggregate of two consecutive years. 
(2) When a person has been sentenced to  imprisonment or  detention and an order of committal has 
been  issued,  the  Central  Government  or  the  committing  authority,  or  prescribed  officer  may  order  the 
sentence to be suspended, and in such cases the person whose sentence is suspended shall be discharged 
and the currency of the sentence shall be suspended until he is again committed under the same sentence, 

1. Ins. by Act 23 of 2005, s. 8 (w.e.f. 23-6-2005). 

50 

 
                                                                 
and the provisions of clauses (b), (c) and (d) of sub-section (1) shall apply  in  like manner as in the case 
where a sentence has been suspended before an order of committal  has been issued. 

(3) Where a sentence is suspended under this section, whether before or after committal, the Central 
Government or, subject to regulations made under this Act, the committing authority or officer by whom 
the  sentence  is  suspended  may,  direct  that  any  penalty  which  is  involved  by  the  punishment  of 
imprisonment  or detention either shall  be or shall  not be remitted or suspended. 

CHAPTER XVII 

OFFENCES IN RELATION TO COURT-MARTIAL, DISCIPLINARY COURTS AND PRISONS 

165. Offences by persons not subject to naval law in relation to courts -martial and disciplinary 

court.—Every person not subject to naval law, who,— 

(a) being duly summoned or ordered to attend as a witness before a court-martial or disciplinary 

court fails to attend without  due cause, or 

(b)  refuses  to  take  an  oath  or  make  an  affirmation  legally  required  by  a  court-martial  or 

disciplinary  court to be taken or made, or 

(c) being sworn or affirmed, refuses to answer any questions put by or before a court-martial or 

disciplinary  court, which he is in law bound to answer, or 

(d)  refuses  to  produce  or  deliver  up  a  document  in  his  power  which  the  court-martial  or 

disciplinary  court may legally  demand, or 

(e) is guilty  of contempt of court-martial  or disciplinary  court, 

shall be punished  with imprisonment  for a term which may extend to two years, or with fine, or with both. 

166.  Penalties  for  aiding  escape  or  attempt  to  escape  of  prisoners  and  for  breach  of  prison 

regulations.—(1) Every person, who,— 

(a) conveys or causes to be conveyed into any naval prison or naval detention quarters any arms, 
tools, or instruments, or any mask or other disguise to facilitate the escape of any prisoner or person 
undergoing  detention, or 

(b) by any means whatever aids any  prisoner or person undergoing  detention to escape or in an 
attempt to escape from such prison or naval detention quarters, whether an escape be actually made or 
not, shall be punished  with imprisonment  for a term which may extend to fourteen years. 

(2) Every person who brings or attempts to bring  into a naval prison or naval detention quarters, in 
contravention of regulations made under this Act, any spirituous or fermented liquor, shall for every such 
offence be punished  with a fine not exceeding two hundred rupees and not less than one hundred rupees. 

(3) Every person, who,— 

(a)  brings  into  a  naval  prison  or  naval  detention  quarters  or  to  or  for  any  prisoner  or  person 
undergoing detention, without the knowledge of the officer having charge or command  thereof, any 
money, clothing, provisions, tobacco, letters, papers, or other articles not allowed by the rules of the 
prison  or  naval  detention  quarters,  to  be  in  the  possession  of  a  prisoner  or  person  undergoing 
detention,  or 

(b) throws into the said prison or naval detention quarters, any such articles, or by desire of any 
prisoner  or  person  undergoing  detention,  without  the  sanction  of  the  said  officer  carried  out  of  the 
prison or naval detention quarters any of the articles aforesaid, 

shall for every such offence be punished  with a fine not exceeding two hundred rupees. 

(4) Every person, who,— 

(a)  interrupts  any  officer  of  a  naval  prison  or  naval  detention  quarters  in  the  execution  of  his               

duty, or 

51 

 
(b) aids or abets any person to assault, resist,  or  interrupt any such officer, shall for every such 

offence be punished  with imprisonment  which may extend to two years, or with fine, or both. 

(5)  Every  fine  recovered  under  the  foregoing  sub-sections  of  this  section  shall  be  applied  as  the 

Central Government may direct notwithstanding  any law, charter, or custom to the contrary. 

167.  Penalty  as  regards  gaolers, etc.—Every governor, gaoler, and  keeper of any prison, gaol, or 
house of correction or of any naval detention quarters, and every person having the charge of command of 
any place, ship, or vessel for imprisonment, who shall without lawful excuse, refuse or neglect to receive 
or  confine,  remove,  discharge,  or  deliver  up  any  offender against  the  provisions  of  this  Act,  or  any  of 
them, shall incur for every such refusal or neglect a penalty not exceeding one thousand rupees and every 
such penalty shall be applied as the Central Government may direct notwithstanding any law, charter, or 
custom to the contrary. 

CHAPTER XVIII 

JUDGE ADVOCATE GENERAL OF THE NAVY AND OFFICERS OF HIS DEPARTM ENT 

168. Appointment of the Judge Advocate General of the Navy and his subordinate officers .—(1) 
There shall be appointed by the Central Government a Judge Advocate General of the Navy and as many 
judge advocates in the department of the Judge Advocate General of the Navy as the Central Government 
may deem necessary. 

(2) Out of the judge advocates so appointed, the Central Government may designate any one to be the 

Deputy Judge Advocate General of the Navy. 

(3)  A  person  shall  not  be  qualified  for  appointment  as  Judge  Advocate  General  of  the  Navy           

unless he— 

(a) is a citizen  of India,  and 

(b) has for at least ten years held a judicial  office in  the territory of India, or 

(c)  has  for at  least  ten  years  been  an  advocate  of  a  High  Court  or  two  or  more  such  courts  in 

succession  

1[Provided that the Central Government may, if  it is of opinion that it  is necessary or expedient so to 
do in the exigencies of service, relax, for reasons to be recorded in writing, the qualification specified in 
clause (b) or clause (c) in respect of any person.] 

(4) A person shall not be qualified for appointment as Deputy Judge Advocate General of the Navy 

unless he— 

(a) is a citizen  of India,  and 

(b) has for at least seven years held a judicial  office in the territory of India,  or 

(c) has for at least seven years been an advocate of a High Court or two or more such courts in 

succession. 

 1[Provided that the Central Government may, if it is of opinion that it is necessary or expedient so to 
do in the exigencies of service, relax, for reasons to be recorded in writing, the qualification specified in 
clause (b) or clause (c) in respect of any person.] 

(5) A person shall not be qualified  for appointment  as a judge advocate unless he— 

(a) is a citizen  of India,  and 

(b) is qualified  for enrolment as an advocate or a leader of a High Court. 

Explanation.—For the purposes of this section,— 

(a) in computing the period during which a person has been an advocate of a High Court, there 
shall  be  included  any  period  during  which  the  person  has  held  judicial  office  after  he  became  an 
advocate; 

1. Ins by Act 53 of 1974, s. 17 (w.e.f. 16-12-1974). 

52 

 
                                                                 
(b) in computing the period during which a person has held judicial office in the territory of India 
or been an advocate of a High Court, there shall be included any period before the commencement of 
the Constitution during which he has held judicial office in any area which was comprised before the 
15th  day  of  August,  1947,  within  India  as  defined  in  the  Government  of  India  Act,  1935,  or  has 
practised as an advocate of any High Court in any such area as the case may be; 

(c) the expression “judicial office” shall be deemed to include the office of the Judge Advocate of 
the Fleet or any of his deputies or assistants and any other legal or judicial office in the department of 
the  Judge  Advocate  of  the  Fleet  held  before  the commencement  of  this  Act,  and  the  office  of  the 
Judge Advocate General of the Navy or of a judge advocate held after the commencement of this Act. 

169.  Functions of  the  Judge Advocate  General  of  the  Navy.—It  shall  be  the  duty  of  the  Judge 
Advocate General of the Navy to perform such duties of a legal and  judicial character pertaining to the 
Indian Navy as may from time to time be referred or assigned to him by the Central Government or the 
Chief  of  the  Naval  Staff,  and  to  discharge  the functions  conferred  on  him  by  or  under  this  Act  or  any 
other law for the time being in force. 

170.  Discharge  of  functions  of  the  Judge  Advocate  General  of  the  Navy 

in  his                  

absence.—The  functions  of  the  Judge  Advocate  General  of  the  Navy  shall  in  his  absence  on  leave  or 
otherwise, be performed by such  one of the  judge advocates in his department as may be designated  in 
this behalf by the Chief of the Naval Staff. 

CHAPTER XIX 

DISPOSAL OF THE PRIVATE PROPERTY OF PERSONS DECEASED, MISSING,  ETC. 

171. Disposal of property of deceased sailors .—(1) On the death of a 1[sailor] while subject to naval 

law, the commanding  officer of the ship to which the 1[sailor] belonged shall  as soon as may be,— 

(a) secure all movable property belonging to the deceased that is in the ship or quarters and cause 

an inventory thereof to be made; 

(b) draw the pay and allowances due to such persons; 

(c) if he thinks fit, and subject to any regulations made in this behalf, collect all moneys left by 
the deceased in any banking company, including any post office savings banks, cooperative bank or 
society,  or  any  other  institution  receiving  deposits  in  money  however  named,  and  for  that  purpose 
may require the agent, manager or other proper authority of such banking company, society or other 
institution  to  pay  the  moneys  to  the commanding  officer  forthwith  notwithstanding  anything  in  the 
rules of the banking company, society or institution; and such agent, manager or other authority shall, 
notwithstanding  anything  contained in any other law, be bound to comply  with the requisition. 

(2)  Where  any  money  has  been  paid  by  the  banking  company,  society  or  other  institution  in 
compliance with the requisition under clause (c) of sub-section (1), no person shall have any claim against 
the said banking  company, society or other institution  in respect of such money. 

(3)  The  commanding  officer  shall,  if  in  his  opinion  it  is  necessary  for  the  purpose  of  securing  the 
payment  of  the  ship  and  service  debts  and  other  debts  in  the  ship  or  quarters  of  the  deceased and  the 
expenses, if any,  incurred by the  commanding officer in respect of the estate of the deceased, cause the 
movable property of the deceased to be sold or converted into money. 

(4)  If  the  representative  of  the  deceased  is  on  the  spot  and  either  pays  or  gives  security  for  the 
payment  of  the  ship  and  service  debts  and  other  debts  in  ship  or  quarters  due  from  the  deceased,  the 
commanding  officer shall not take action under clause (c) of sub-section (1) or under sub-section (3). 

(5)  The  commanding  officer  shall,  out  of  the  moneys  so  received,  collected  or  realised  under               

sub-sections (1) and (3), pay the ship and service debts and other debts in ship or quarters of the deceased, 
and the expenses incurred in connection with the realisation  of the assets of the deceased. 

1. Subs. by Act 53 of 1974, s. 2, for “seaman” (w.e.f. 16-12-74). 

53 

 
                                                                 
 
(6) Any  property  left  over  after  meeting  the  expenditure  indicated  in  sub-section  (5),  or  where  the 
representative had paid or given security for the payment of the ship and service debts and other debts in 
ship or quarters the entire property of the deceased, shall be de livered over by the commanding officer to 
the representative of the deceased, whereupon his responsibility for the administration of the estate of the 
deceased shall cease. 

(7) If no claim is made in respect of the said surplus by a representative of the deceased within twelve 
months of the death, the commanding officer shall take steps to hand over the property to the prescribed 
person who shall continue the administration  of the estate of the deceased as provided for in section 176. 

172. Disposal of prope rty of deceased officers .—The provisions of section 171 shall also apply to 
the  disposal  of  the  property  of  an  officer  who  dies  while  subject  to  naval  law,  but  with  the  following 
modifications,  namely:— 

(i) the functions of the commanding officer under section 171 shall be performed by a Committee 

of Adjustment constituted in this behalf in the prescribed manner; and 

(ii)  the surplus,  if  any,  after  the  payment  of  debts and  expenses  specified  in  sub-section  (3)  of 

section 171 shall be paid to the person prescribed in this behalf. 

173. Decision of questions as to ship and service debts and other debts in ship or quarters .—If in 
any  case  doubt  or  difference  arises  as  to  what  are  the  ship  or  service  debts  and  the  debts  in  ship  or 
quarters of a deceased officer or 1[sailor] or as to the amount payable in respect thereof, the decision of 
the prescribed person shall  be final  and shall  be binding  on all  persons for all purposes. 

174.  Nature  of  the  powers  of  commanding  officer  or  Committee  of  Adjustment.—For  the 
purpose of the exercise of his or its duties under section 171 or 172, as the case may be, the commanding 
officer or the Committee of Adjustment, as the case may be, shall, to the exclusion of all  other persons 
and authorities have the same rights and powers as if the commanding officer or the Committee had taken 
out representation to the estate of the deceased, and any receipt given by such commanding officer or the 
Committee,  as the case may be, shall have effect accordingly. 

Explanation.—“Representation”  includes  probate,  letters  of administration  with  or  without  the  will 
annexed  and  a  succession  certificate  issued  by  a  court  of  competent  jurisdiction  constituting  a  person 
executor or administrator of the estate of the deceased person or authorising him to  receive or realise the 
assets of a deceased person. 

175.  Powers  of  Central  Government  to  hand  over  estate  of  deceased  persons  to  the 

Administrator-General.—(1)  Notwithstanding  anything  contained  in  the  Administrator-General’s            
Act,  1913  (3  of  1913),  an  Administrator-General  shall  not  interpose  in  any  manner  in  relation  to  any 
property of a deceased which has been dealt with under section 171 or section 172 except in so far as he is 
expressly required or competent to do so by or under the provisions  of this Act. 

(2) The Central Government may, at any time and in such circumstances as it thinks fit, direct that the 
estate of a deceased 1[sailor] or officer shall be handed over by the commanding officer or the Committee 
of  Adjustment,  as  the  case  may  be,  to  the  Administrator-General  of  a  State  for  administration  and 
thereupon  such  commanding  officer  or  the  Committee  shall  make  over  the  estate  to  such               
Administrator-General. 

(3) Where under this section any estate is handed over to the Administrator-General, the  latter shall 

administer  such  estate  in  accordance  with  the  provisions  of  the  Administrator-General’s  Act,  1913              
(3 of 1913): 

Provided  that  where  the  estate  is  handed  over  to  the  Administrator-General  before  the  ship  and 
service  debts  and  other  debts  in  ship  or  quarters  of  the  deceased  are  paid,  it  shall  be  the  duty  of  the 
Administrator-General  to pay these debts in priority  to any debts due by the deceased. 

(4) The Administrator-General shall pay the surplus,  if  any, remaining in his hands after discharging 
all debts and charges, to the heirs of the deceased and if no heir is traceable, shall make over the surplus 
to the person prescribed in this behalf. 

1. Subs. by Act 53 of 1974, s. 2, for “seaman” (w.e.f. 16-12-74). 

54 

 
                                                                 
(5)  The Administrator-General  shall  not  charge  in  respect  of  his  duties  under  this  section  any  fee 
exceeding three per cent. of the total amount coming to or remaining  in his  hands after payment of the 
ship and service debts and the other debts in ship or quarters. 

176.  Disposal  of  surplus  by  prescribed  persons.—On  receipt  of  the  surplus  referred  to  in             

sub-section (7) of section 171 or clause (ii) of section 172 or sub-section (4) of section 175, the prescribed 
person shall,— 

(a) if he knows of a legal representative of the deceased, pay the surplus to that representative; 

(b) if the surplus does not exceed 1[the prescribed amount not exceeding rupees on lakh in value] if he 
thinks  fit,  pay  or  deliver  to  any  person  appearing  to  him  to  be  entitled  to  receive  the  same,  without 
requiring  such  person  to  produce  any  probate,  letters  of  administration,  succession  certificate  or  other 
conclusive evidence of title; 

(c) if the prescribed person does not know of any such representative to whom the surplus could be 
paid  under  clause  (a),  or  if  the surplus  has  not  been  disposed  of  under  clause  (b),  publish  every  year a 
notice in the prescribed form and manner for six consecutive years; and if no claim to the surplus is made 
by the legal representative of the deceased within six months even after the publication of the  last of such 
notices,  the  prescribed  person  shall  deposit  the  surplus  together  with  any  income  or  accumulation  of 
income accrue therefrom, to the credit of the Central Government: 

Provided  that  such  deposit  shall  not  prejudice  the  claims  of  any  person  to such  surplus  or  any  part 

thereof, if he is otherwise entitled  to it. 

177. Disposal  of effects  not  converted  into  money.—Where any  part  of  the estate  of  a  deceased 
officer  or  2 [sailor]  consists  of  effects,  securities  or  other  property  not  converted  into  money,  the 
provisions of sub-section (7) of section 171 or clause (ii) of section 172 and section 176 with respect to 
the  payment  of  the  surplus  shall,  save  as  may  be  prescribed,  extend  to  the  delivery,  transmission  or 
transfer  of such effects,  securities  or  property,  and  the  prescribed  person  shall  have  the same  power  of 
converting the same into money as a legal representative of the deceased. 

178.  Termination  of  liability  of  commanding  officer,  Committee,  prescribed  person  and  the 
Central  Government.—Any  payment  or application  of  money  or  delivery,  sale  or  other  disposition  of 
any property made, or purported to be made by the commanding officer, the Committee or the prescribed 
person  in  good  faith  in  pursuance  of  sections  171  to  176  shall  be  valid  and  shall  fully  absolve  the 
commanding officer, the Committee or the prescribed person, as the case may be, as well as the Central 
Government  from  all  liability  in  respect  of  the  money  or  property  so  paid,  applied  or  disposed  of;  but 
nothing herein contained shall be deemed to affect the right of any executor or administrator or other legal 
representative  or  of  any  creditor  of  the  deceased  against  any  person  to  whom  any  such  payment  or 
delivery  as aforesaid has been made. 

179. Saving of rights of representative.—Nothing in this Chapter shall affect the rights and duties 
of  the  representative  of  a  deceased  2[sailor]  or  officer  or  any  Administrator-General,  in  respect  of  the 
property of such deceased  2[sailor] or officer not collected by the commanding officer or the  Committee, 
as the case may be, and not forming part of the surplus handed over to the prescribed person either under 
sub-section (7) of section 171 or clause (ii) of section 172. 

180. Application of sections 171 to 179 to persons of unsound mind.—The provisions of sections 
171 to  179 shall, so far as they can be made applicable, also apply  in the case of an officer or  2[sailor] 
subject to naval law who is ascertained in the prescribed manner to be of unsound mind notwithstanding 
anything  contained  in  the  Indian  Lunacy  Act,  1912  (4  of  1912),  or  who,  while  on  active  service,  is 
officially reported missing, as if the said officer or 2[sailor] had died on the day on which his unsoundness 
of mind  is so ascertained or, as the case may be, on the day on which he is officially  reported missing: 

1. Subs. by Act 23 of 2005, s. 9, for “ten thousand rupees in value and” (w.e.f. 23-6-2005).  
2. Subs. by Act 53 of 1974, s. 2, for “seaman” (w.e.f. 16-12-74). 

55 

 
                                                                 
 
Provided  that  in  the  case  of  an  officer  or  1[sailor]  so  reported  missing,  no  action  shall  be  taken  to 
dispose  of  the  property  under  sections  171,  172  and  175  until  such  time  as  a  certificate  under  the 
regulations made under this Act is issued by or under the authority of the Chief of the Naval Staff or other 
prescribed person that he is confirmed or presumed to be dead. 

181.  Appointment  of  Standing  Committee  of  Adjustment  in  certain  cases.—When  an  officer 
while subject to naval law dies or is ascertained in the prescribed manner to be of unsound mind or while 
on active service is officially reported missing, the reference in the foregoing provisions of this Chapter to 
the  Committee  shall  be  construed  as  references  to  the  Standing  Committee  of  Adjustment,  if  any, 
constituted  in  this  behalf  in  the  prescribed  manner  and  such  Standing  Committee,  if  constituted,  shall 
alone by entitled to perform all the functions of such Committee unless otherwise directed by the Chief of 
the Naval Staff. 

182. Exercise of powers by other persons.—The functions and powers of the commanding officer 
in this Chapter may in any case be performed or exercised by any other person appointed in this behalf by 
the Chief of the Naval Staff. 

183. Forfeiture of effects for absence without leave.—If any person subject to naval law is absent 
without  leave for a period of  one month (whether he is guilty  of desertion  or of  improperly  leaving  his 
ship or place of duty or not) but is not apprehended or tried for his offence, he shall be liable for forfeiture 
of  pay  and  allowances and  other  benefits  as  the  Central  Government  from  time  to  time  by  regulations 
provide,  and  the  Central  Government,  the  Chief  of  the  Naval  Staff  or  the  prescribed  officer  may  by  an 
order containing a statement of the absence without leave direct that the clothes and effects, if any, left by 
him on board ship or at his place of duty be forfeited and the same be sold and the proceeds of the same 
shall  be  disposed  of  as  provided  in  the  regulations  made  under  this  Act;  and  every  order  under  this 
provision for forfeiture or sale be conclusive for the purpose of this section as to the fact of the absence 
without leave as therein stated of the person therein named; but in any case the Central Government may, 
if  it  deems  fit  on  sufficient  cause  being  shown  at  any  time  after  forfeiture  and  before  sale,  remit  the 
forfeiture, or after sale pay or dispose of the proceeds of the sale or any part thereof to or for the use of the 
person to whom the clothes or effects belonged, or his representatives. 

CHAPTER XX 

REGULATIONS 

184. Power to make regulations.—(1) The Central Government may, by notification  in the Official 
Gazette,  make  regulations  for  the  governance,  command,  discipline,  recruitment,  conditions  of  service 
and regulation of the naval forces and generally for the purpose of carrying  into effect the provisions of 
this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may 

provide for— 

(a) the rank, precedence, powers of command and authority of officers and 1[sailors] in the naval 

service; 

(b) the relative rank, precedence, powers of command and authority  of officers and 1[sailors]  in 

the naval service in relation  to members of the regular Army and the Air Force; 

2[(c)  the  cases  in  which,  and  the  conditions  subject  to  which,  powers  of  punishment  may  be 

exercised under sub-section (2) of section 7; 

(ca) the retirement, discharge and dismissal  of persons in the naval service; 

(cb) the authority to which any matter referred to in section 19A may be referred and the manner 

in which an enquiry  may be made by that authority;] 

(d) the convening and constitution of courts-marital and the appointment of prosecutors at trials 

by court-martial;    

1. Subs. by Act 53 of 1974, s. 2, for “seaman” (w.e.f. 16-12-74). 
2. Subs by s. 18, ibid., for clause (c) (w.e.f. 16-12-1974). 

56 

 
                                                                 
(e) the adjournment,  dissolution  and sittings  of courts-martial;  

(f) the procedure to be observed in trials by courts-martial, the persons by whom an accused may 

be defended in such trials and the appearance of such persons thereat;         

(g) the forms of orders to be  made under the provisions of this Act relating to courts-martial and 

the awards and infliction  of death, imprisonment  and detention;    

(h) the carrying into effect of sentences of courts-martial; 

(i) any matter necessary for the purpose of carrying this Act into execution as far as it relates to 

the  investigation,  arrest,  custody,  trial  and  punishment  of  offences  triable  or  punishable  under                   
this Act; 

(j)  the  terms  and  conditions  of  service,  the  pay,  pensions,  allowances  and  other  benefits  of 

persons in  the naval service, including  special provision  in this behalf during  active service; 

(k) the ceremonials to be observed and marks of respect to be paid in the naval service;  

(l) the convening of, the constitution, procedure and practice of boards of inquiry, the summoning 

of witnesses before them and the administration  of oaths by such boards; 

(m)  the  computation  of  time  of  absence  without 

leave  or  custody  of  deserters  and 

absentees  without leave; 

(n) any matter relating to the realisation and disposal of the estates of officers or 1[sailors] who 

are deceased, ascertained to be of unsound mind  or reported missing  on active service; 

(o) the enquiry  into the conduct of prisoners of war, and their pay and allowances; 

(p) the provision  to be made for the wives and children of prisoners of war or missing  persons; 

(q) the procedure relating to the exercise of powers under section 163; 

1[(qa) the amount required to be prescribed under clause (b) of section 176] 

(r) any other matter which is to be, may be, or is required to be, prescribed under this Act. 

2[184A.  Power  to  make  regulations  with  retrospective  effect.—The  power  to  make  regulations 
conferred by this Act shall include the power to give retrospective effect, from a date not  earlier than the 
date of commencement of this Act, to the regulations or any of them, but no retrospective effect shall be 
given to any regulation so as to prejudicially affect the interests of any person to whom such regulation 
may be applicable.] 

3[185.  Regulations  to  be  laid  before  Parliament.—Every regulation  made under this Act shall be 
laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total 
period of thirty days which may be comprised in one session or in two or more successive sessions, and 
if, before the expiry of the session immediately following the session or the successive sessions aforesaid, 
both Houses agree in making any modification in the regulation or, both Houses agree that the regulation 
should  not  be  made,  the  regulation  shall  thereafter  have  effect  only  in  such  modified  form  or  be  of  no 
effect,  as  the  case  may  be;  so,  however,  that  any  such  modification  or  annulment  shall  be  without 
prejudice to the validity  of anything  previously  done under that regulation.] 

CHAPTER XXI 

REPEALS AND SAVINGS 

186.  [Repeals].—Rep. by  the  Repealing and  Amending  Act,  1960  (58  of  1960),  s.  2  and  the  First 

Schedule (w.e.f. 29-12-1960). 

187. Provisions as to existing naval forces, appointments, etc.—(1) The Indian Navy in existence 

at the commencement of this Act shall be deemed to be the regular naval force raised under this Act. 

1. Ins. by Act 23 of 2005, s. 10 (w.e.f. 23-6-2005). 
2. Ins. by Act 48 of 1982, s. 11 (w.e.f. 16-10-1982). 
3. Subs. by Act 53 of 1974, s. 19, for section 185 (w.e.f. 16-12-1974). 

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(2) The Indian Naval Reserve, the Indian Naval Volunteer Reserve and the Indian Fleet Reserve  in 
existence at the commencement of this Act shall be deemed to be the Indian Naval Reserve Forces raised 
under this Act. 

(3) Officers in the Indian Navy or the Indian Naval Reserve Forces at the commencement of this Act 

shall be deemed to have been appointed  as such under this Act. 

(4) The person holding office as Judge Advocate of the Fleet at the commencement of this Act shall, 
on such commencement, be deemed to have been appointed as the Judge Advocate General of the Navy 
under this Act. 

(5) 1[Sailors] in the Indian Navy or in the Indian  Naval Reserve Forces at the commencement of this 

Act shall be deemed to have been duly  enrolled as such under this Act. 

CHAPTER XXII 

TRANSITORY PROVISIONS 

188. Powers of officers of the Royal Navy.—(1) An officer of the Royal Navy attached to or serving 
with the Indian Navy shall have and exercise all such powers as are vested in or may be exercised by an 
officer  of  the  Indian  Navy  of corresponding  rank  or  holding  a corresponding  appointment  and  shall  be 
eligible  to  be  granted  a  commission  to  convene  courts-martial  or  to  be  appointed  as  president  of  a               
court-martial or to sit on a court-martial as a member as if he were an officer of the Indian Navy subject 
to naval law. 

(2) The expression “superior officer” wherever used in this Act shall be deemed to include an officer 

of the Royal Navy when serving under conditions  specified in  sub-section (1). 

1. Subs. by Act 53 of 1974, s. 2, for “seaman” (w.e.f. 16-12-1974). 

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